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Posted by Blue Zephyr on November 10, 2001 at 09:06:17:

In Reply to: roomer's property posted by Isabelle Davis on November 10, 2001 at 02:23:16:

Hate to tell you this, but if this "roomer" (sounds like a subtenant or roommate to me) has been in your apartment for more than 30 days, he may have the same rights as any tenant. Which means you may have to follow up your 30 day notice with service of process to appear in court for a holdover, and go through that procedure.

Of course if you can get him to move out on his own, great. But don't think you can just throw his stuff out. If he did leave things, they would be considered "abandoned property" and subject to state laws regulating that. I don't know the specifics, but I believe you'd have to store his property for a set time, after which you could sell it, pay the storage fees, and return to him anything in excess of your storage fees and what he may have owed you.

: My apt. is rent stabilized in a pre-war bldg. of apprx. 100 units. I have given a 30-day notice to vacate to a roomer (not a roommate and not on any lease). The notice states that the roomer and all personal belongings must be out of the premises by the end of November, at which time the locks will be chamged. Because the person in question has a chronically poor track record , I foresee problems galore come the 30th such as no preparation, no packing, etc. and therefore ask you: Do I have any obligation to store this person's belongings beyond the date of the 30th?
: Thank you so very much.

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Comments:
: Hate to tell you this, but if this "roomer" (sounds like a subtenant or roommate to me) has been in your apartment for more than 30 days, he may have the same rights as any tenant.  Which means you may have to follow up your 30 day notice with service of process to appear in court for a holdover, and go through that procedure.  

: Of course if you can get him to move out on his own, great.  But don't think you can just throw his stuff out.  If he did leave things, they would be considered "abandoned property" and subject to state laws regulating that.  I don't know the specifics, but I believe you'd have to store his property for a set time, after which you could sell it, pay the storage fees, and return to him anything in excess of your storage fees and what he may have owed you. 

: 
: : My apt. is rent stabilized in a pre-war bldg. of apprx. 100 units. I have given a 30-day notice to vacate to a roomer (not a roommate and not on any lease). The notice states that  the roomer and all personal belongings must be out of the premises by the end of November, at which time the locks will be chamged. Because the person in question has a chronically poor track record , I foresee problems galore come the 30th such as no preparation, no packing, etc. and therefore ask you: Do I have any obligation to store this person's belongings beyond the date of the 30th? 
: : Thank you so very much.


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