Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
Eviction (by Robert Phaedra [NY]) Dec 6, 2017 11:24 AM
       Eviction (by Vee [OH]) Dec 6, 2017 11:30 AM
       Eviction (by Mike45 [NV]) Dec 6, 2017 11:33 AM
       Eviction (by Robert J [CA]) Dec 6, 2017 12:45 PM
       Eviction (by AllyM [NJ]) Dec 6, 2017 3:37 PM
       Eviction (by Oregon Woodsmoke [ID]) Dec 6, 2017 7:11 PM
       Eviction (by Kyle [IN]) Dec 7, 2017 6:33 AM
       Eviction (by Robert Phaedra [NY]) Dec 7, 2017 10:30 AM

Eviction (by Robert Phaedra [NY]) Posted on: Dec 6, 2017 11:24 AM

I have court next week. The tenant no longer lives on the property, but hasn't moved much of her stuff. She has been indicating for a month that she is "almost out" and has "just a few more things". My handyman says it's still full of her crap.

I have my doubts that she will show up in court. I have only had two other evictions. The first one, they showed up, and were given a period of time by the judge to get out (if I recall, 7-10 days). They left on the very last day and took most everything. The second time, they did not show up for court, but had already moved and taken most everything. Judge awarded me immediate possession.

If she does not show up, can I say that she has already moved? Do I have to tell him that her stuff is still there? If I am awarded immediate possession based on the fact that she is no longer in residence, can I go ahead and remove everything? I know that I can't just toss everything on the street, I would secure it for her in my garage and let her know when she could come and get it.

I have an attorney, and I will ask him on court day, but I was wondering if any of you have any insight. I am in New York - state not city.


Eviction (by Vee [OH]) Posted on: Dec 6, 2017 11:30 AM

No time like the present to read your local and state tenant rules, when the fridge is not running the unit is empty in my local courts opinion so I ask to get possession, but still need to wait the appeal period, so throw away anything perishable and trash to reduce pest problem from rotten stuff, push the remainder to middle of rooms and start to repair - seal - prime - refinish, while in limbo. --76.188.xxx.xx

Eviction (by Mike45 [NV]) Posted on: Dec 6, 2017 11:33 AM

Warning: Eviction is VERY state specific (and sometimes county/city as well). I do NOT know NY State law.

In CA, if possession is no longer an issue, the case gets removed from the Unlawful Detainer fast track and put on the normal civil track. So if she still has her stuff in the property, you would NOT say that possession is no longer an issue -- you would still want a writ of possession so that you can get in and remove her stuff!

In some states, you can move her stuff to the curb and it is no longer your worry. In NY, I have no idea.

So pick your atty's brain -- that is why you hired him!


Eviction (by Robert J [CA]) Posted on: Dec 6, 2017 12:45 PM

I never tell the court/judge that the tenant is "Out" or "Almost out". Why? Because unless you get a writ of possession, the tenant can come back and say they never left and you will have to start the eviction process all over again!


Eviction (by AllyM [NJ]) Posted on: Dec 6, 2017 3:37 PM

Yes, you don't know that she is no longer living there since her stuff is there. She could be visiting or hospitalized and expecting to return to the unit. Don't tell the judge she is not there. --73.33.xxx.xxx

Eviction (by Oregon Woodsmoke [ID]) Posted on: Dec 6, 2017 7:11 PM

Tenant is not out if all her stuff is still there. You must have the court ordered eviction in order to remove her stuff or else she is going to accuse you of stealing it. --174.216.xx.xxx

Eviction (by Kyle [IN]) Posted on: Dec 7, 2017 6:33 AM

They have not returned possession, they still have all their stuff there and have indicated they are coming back for it. If you have an attorney, ask them. If I were in court without an attorney, I would just tell the judge they seem to have moved, but left all their stuff. I have seen notes in court records where the judges here state the landlord can dispose of anything left behind after an ordered date.

If I know a tenant has abandoned the property, I tell my judge and give my evidence of abandonment. Then, they issue a judgment for possession effective immediately.

Your attorney should know your judge and local laws to be able to give you good advice on how to proceed.


Eviction (by Robert Phaedra [NY]) Posted on: Dec 7, 2017 10:30 AM

She hasn't lived there in 6-8 weeks. She has moved some of her stuff but not all of it. She has been saying for the past six weeks that she will be out "in a day or two". I asked my attorney and he said that if she doesn't show in court it's fine to say the isn't living there and get immediate possession and remove her stuff. I cannot just throw it away nor do I intend to. I will keep it for 30 days as required and then I can do whatever I want with it, if she doesn't come and get it. I already removed the dead fish from her two huge tanks as they stunk. --134.179.xxx.xxx

Subject: RE: Eviction
Your Name:
Your State:

Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: