abandonment
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abandonment (by Lesa StPierre [NY]) Sep 24, 2021 5:39 PM
       abandonment (by Mike45 [NV]) Sep 24, 2021 8:11 PM
       abandonment (by Robert,OntarioCanada [ON]) Sep 24, 2021 9:45 PM
       abandonment (by Nicole [PA]) Sep 24, 2021 11:43 PM
       abandonment (by John [NY]) Sep 25, 2021 1:17 AM
       abandonment (by Lesa [NY]) Sep 26, 2021 8:38 AM
       abandonment (by Small potatoes [NY]) Sep 26, 2021 10:46 AM
       abandonment (by Ray-N-Pa [PA]) Sep 27, 2021 9:39 AM
       abandonment (by Lesa [NY]) Sep 27, 2021 10:31 AM
       abandonment (by Lesa [NY]) Sep 27, 2021 10:32 AM
       abandonment (by Nicole [PA]) Sep 27, 2021 11:11 AM
       abandonment (by Ray-N-Pa [PA]) Sep 27, 2021 6:59 PM

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abandonment (by Lesa StPierre [NY]) Posted on: Sep 24, 2021 5:39 PM
Message:

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.

Do I have the right to take over and secure my property? And change the locks? --74.79.xxx.xxx




abandonment (by Mike45 [NV]) Posted on: Sep 24, 2021 8:11 PM
Message:

I do NOT know NY law. Some states allow the LL to post a Notice of Belief of Abandonment. Basically: I think this property is abandoned, and unless I hear from the tenant to the contrary, I am taking back possession in 72 hours (or however long the state law provides). --76.4.xxx.xxx




abandonment (by Robert,OntarioCanada [ON]) Posted on: Sep 24, 2021 9:45 PM
Message:

Suggest contact a landlords association on how to get local legal advise as to avoid any retaliation from tenant. Take pictures along if the beds are gone then definitely the tenant has left. Google to find a few different landlords associations where all legal issues are followed. Some jurisdictions are very hostile to private sector rental housing providers who do not follow the legal process. All the i dotted and t s crossed. Most jurisdictions once a tenant has left they are no longer a tenant where rent arrears, damages and cleaning can be resolved in small claims court on one judgement. If a credit check was done then recommend reporting to credit bureaus so the next time they look that address will come up. --99.236.xxx.xxx




abandonment (by Nicole [PA]) Posted on: Sep 24, 2021 11:43 PM
Message:

have you tried to call your tenant?

is the rent paid? --98.237.xxx.xx




abandonment (by John [NY]) Posted on: Sep 25, 2021 1:17 AM
Message:

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

If she really left she won’t care. --107.242.xxx.xx




abandonment (by Lesa [NY]) Posted on: Sep 26, 2021 8:38 AM
Message:

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.

He had no intention of paying the bill, the rent or anything. I tried to call the Tenant then THIS was when I was told not to call the tenant anymore, not to send any mail or leave any notices or call he would turn me in for Harassment. ERAP protects them from harassment and I should stop or he will report me. I was Harassing them with notices of non payment of rent and calling to pick up rent. I was sending 2 notices a month until I had him served in April 2021 by mail. He was mad because I had him served in April. And NOW he thinks he is protected by ERAP which was part of the deal when he was served. Its manditory in NYS. They will dismiss your case in court if you dont file hardship paperwork. He opted for filling out the ERAP paperwork over paying rent. Then never updated so I am still waiting for ERAP payments for May and June 2021. And nothing else. Filed for ERAP June 4th still no payments as of today 9/26/21 and tenant still holding my rental hostage. While I am forced to pay fees on water usage maintain the lawn and make sure squatters don't take over the property. Some Tenants really stink.. Did I mention the nice vacation he took to Florida? All on my watch... --74.79.xxx.xxx




abandonment (by Small potatoes [NY]) Posted on: Sep 26, 2021 10:46 AM
Message:

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.

And just because a tenant says you are harassing them doesn't mean you are. You have every right to contact them for rent. Go back to the judge and say the agreement isn't being followed and the tenant is not cooperating. --172.58.xxx.xxx




abandonment (by Ray-N-Pa [PA]) Posted on: Sep 27, 2021 9:39 AM
Message:

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?

--24.101.xxx.xxx




abandonment (by Lesa [NY]) Posted on: Sep 27, 2021 10:31 AM
Message:

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.

So NOW because they are breaking their lease and there are damages are they entitled to any security back? Thats IF I even get the keys... and IF they move out. --74.79.xxx.xxx




abandonment (by Lesa [NY]) Posted on: Sep 27, 2021 10:32 AM
Message:

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.

So NOW because they are breaking their lease and there are damages are they entitled to any security back? Thats IF I even get the keys... and IF they move out. --74.79.xxx.xxx




abandonment (by Nicole [PA]) Posted on: Sep 27, 2021 11:11 AM
Message:

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.

--98.237.xxx.xx




abandonment (by Ray-N-Pa [PA]) Posted on: Sep 27, 2021 6:59 PM
Message:

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.

It is so easy to see trees when you are in a forest. These are the folks whom get raked over the coals again and again --24.101.xxx.xxx



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