What constitutes apartment abandonment? Specifically in NY not city. No water usage of over 30 days. Older Smoke alarm going off to the point where the neighbor calls the landlord (me) then reports he cant remember the last time he saw the tenant. They of course took the 10 year one. Not seeing the child resident since move in in February 2021. After leaving 24 notice to enter finding all furnishing were gone past the point of anyone living there. The furnace was running but neither the heat nor the air-conditioning was running! (no couch... no living room furnishings no pictures or signs of anyone living there) just a tv and a dining room table that was posted for sale on Facebook over 2 months ago. My lease states that if anyone is leaving for an extended period they are to notify the landlord so I can keep an eye on the property.

have you tried to call your tenant?

Only a sheriff or city marshal can evict, and only a judge can sign a warrant under new NYS eviction law. Unlawful eviction is a misdemeanor. Obviously

After getting being notified from the tenant in the next door apartment about an alarm going off in the one side I am speaking of I did not try calling the tenant as they have accused me of harassment for sending them late rent notices via mail, 2x month until ERAP filing, and they requested I not call for anything. They Have not paid since April 2021.

Their lease says They are to notify me if they are to be gone for longer for 5 days consertively so I can keep an eye on the property to protect it. THAT IS IN THE LEASE. After the alarm incident I did post a notice about me thinking the property was abandoned because when I entered there was almost nothing there. Only a tv in the living room, no place to sit. nothing else. VIVID signs of a move out. Waited 72 hours and took the sign down. They did not respond.

Nothing food orientated in the kitchen. No pictures just junk. (I had the next-door tenant witness this from the front door) I did not know what I would find. With the alarm going off. The furnace was running non stop upon entry and it was a warm day. I was afraid of carbon monoxide. So I had the neighbor stand at the front door. The alarm was an old battery operated co detector (dead battery) in the attic. The house was empty. But I aired it out just in case.

It looked like they took what they wanted and left. I went home and check the water usage for the property and there was no water usage for over 30 days that I can show from the water portal usage from the city. No one had been there to flush a toilets, shower or cook anything.

In June 2021 I got a letter from the water authority about unusual water usage. (VERY HIGH!!!!) Even though I told him it was an emergency and he is responsible for the water bill and I was looking out for him and it could be a burst pipe.

That's a lot to unpack, there. In summary sounds like you filled for non payment and they were covered by covid regs. You agreed to accept the funds and got stiffed. When does your obligation end under the agreement?

Second, is there a lease or mtm? File to non renew tenancy if you can, and a money judgement for the months not covered by the covid agreement.

I don't know the state law on abandonment, but I think you have to have keys or an eviction to gain possession of the unit. Talk to a lawyer and let us know.

In the future don't require a tenant to notify you if they travel away for a week or any amount of time. That's being a nag.

Each state has its own rules.

Have you posted the place with a notice of abandonment yet? That would be my first step.

I would also document why you believe the place is vacant. Is there food in the frig? Furniture? What about TP in the Bathroom? Utilities still on?

UPDATE!!! I finally got a response from my tenant!! Texting that he is MOVING OUT by the end of the month. We will see. That is not true as we all know until we have the keys. ERAP only covered May and June so I told them they better update or pay when they turn in the keys. What do you think they said.

UPDATE!!! I finally got a response from my tenant!! Texting that he is MOVING OUT by the end of the month. We will see. That is not true as we all know until we have the keys. ERAP only covered May and June so I told them they better update or pay when they turn in the keys. What do you think they said.

Do not worry about them technically breaking the lease. They are going to do what they want. They are absolutely, positively, not giving you July, August and September rent with keys. Instead, worry about getting your unit back, now. Damages you also can worry about later.

Not knowing New York law, what I would do here is type up a basic letter indicating they have vacated the property, returned possession to you, and give you ownership of of anything and everything left on the property to sell, dispose of or keep with no further notice or reimbursement to tenant. If you treat them with courtesy there should be no reason for them to not sign.

from what you have written this is not a good relationship. DO NOT have a chip on your shoulder, an attitude, make this personal, etc. He is leaving and that is that. THE TENANT DOESN'T CARE ABOUT THE LEASE OR MAKING YOU WHOLE. Make the best of it to get your property NOW. Then, deal with whatever you want.

Nicole is spot on.

At this point you should really be focused on getting the keys and only the keys. If you are worried about them breaking the lease, the time to do that is during the month that they are not paying rent. That doesn't appear to be your priority months ago and guess what - it wasn't theirs either. Whose fault is it for not leading in this relationship.

SO since they owe you multiple month's worth rent. Carry to bet if they you will be getting it? So I would be getting my head in the game realizing that they might be able to do $5,000 or $10,000 or even more in new damages to your place.