State Specific Question About: NEW YORK (NY)

Depends on what NY LL/tenant laws say

Ann,

This is the age old, hard to determine question: are they out?

Here's what we do:

-My lease is clear: it contains a form which requires 4 Emergency Contacts and signed authorization for these people to accept messages, notices, and delivers on the resident's behalf.

If you don't have that yet go back to the application and search for Emergency Contacts, work numbers, etc.

We start calling them "Something is terribly wrong at Joe's apartment. Is he OK? Can you help us reach him immediately?" It's illegal to talk about his finances with others.

Technically, if he still has the keys and belongings in the home he still has possession so serve his court papers there.

Hope he sees them and calls to yell at you.

48 hours AFTER court papers are posted to his door (posting counts in my area) THEN we post ABANDONED PROPERTY NOTICE to the door. It states that due to non-response we consdier this home abandoned and will begin disposing of remaining items in 48 hours. Again, hoping he will call and cuss us out - thus creating COMMUNICATION!

If still no response we go in, take 100 photos, remove rotting trash, and start bagging/boxing, move it to the center of the room or garage so we can clean & paint.

After the Abandoned Notice date or court date we take anything of value (SELDOM is there anything of value!) to his new place or his Emergency Contact.

Know that people leave furniture that looks perfectly fine because it has bedbugs.

Just take it a step at time and document every action.

If he shows up have him sign a paper giving you permission to dispose of remaining items.

Do NOT let him drag this out longer. Set a FIRM deadline, like 48 hours.

You need to know what NY law provides.

I have to give notice of abandonment of personal property, and babysit the junk for 30 days! I can't do Brad's 48 hour notice!!