My low performing tenants of 2 yrs and 3 months who were inviting unsavory characters into the apartment and disturbing my high performing tenants downstairs are taking their sweet time about getting their junk out.

DH is soft on them but I want their crap out by Wednesday as I need to document the exit inspection and have their sec deposit letter postmarked by 3/14 per Tish James.

They aren't getting the sec dep back as they left voluntarily without 30 days notice and the place was not well taken care of nor was there any cleaning done.

If they still have stuff there, and they are still coming back to get it (they have a key) then they still have possession.

If they keep wanting more time and have a key then they are still in possession.

But since you are in a militant state I am sure that you do not want to file formal eviction on them.

Do you think you can inform them that you will still be charging them rent until they are done? Maybe push them to realize the fifty bucks worth of junk isn't worth the trip and the additional rent?

Unless NY law is weird (and based on what I read on this message board, a lot of times it is!), the others are correct. The clock starts ticking when they have RETURNED POSSESSION. If they are still able to enter and get their junk, they have NOT returned possession. Possession is returned when they surrender keys and indicated they are out, done, got everything they care about, finito. That very second, anything left can be removed and trashed because they have given up possession not only of the unit, but everything that is still left inside the unit.

Give you possession means they no longer have possession for anything for any reason whatsoever. "I've still got a few things to get next weekend..." does not equal giving you possession. They are still using your unit as a storage facility. Using = possession.

Who is Tish? Lawyer? Ask her, and be sure to emphasize the need to know what constitutes returning possession, and is that the key activity that starts the clock ticking? If not, what is the activity? The date of the notice? Get super specific. Nail down the answers. Sometimes, the eviction mill lawyers get so complacent they go into "coasting mode" because today's 10 cases are the same as yesterdays.

Laws are weird. Lawyers are lazy. Find the answer.

Maple:

If I'm understanding your last post correctly, it sounds like you sent them a document that required them to sign it and return it to you - to confirm they are gone/returning possession. You really can't expect them to do that. They never will. And, as long as you are still waiting for it, they have you held hostage to their will.

I think that is backwards.

In the future I recommend you create a document that says, basically, "I understand you have left and returned possession to LL. therefore, all stuff left behind you are declaring as junk & you no longer want it & I can dispose of it. Unless you respond in writing ( to this email..., or text # or snail mail address, if you still go that way)to the contrary by (VERY soon), we will proceed under this understanding" (word it more eloquently)

That way, to stop you they have to do something.

When they do nothing, they are agreeing with you & you move on.

Wait... if they gave you the key to one lock and they no longer have the code for the other lock, (assuming those are the only two) how are they getting back in to claim their treasured possessions?!

All, they are NOT able to access. One of the roommates signed a letter relinquishing their tenancy as of 2/22. Their lock code has been removed. She still has stuff that she wants to get (semi hoarder)

The other more problematic roommate who had a falling out with roommate #1 invited criminals in with the intention of making THEM roommates instead. Roommate #2 apparently has Stockholm Syndrome and is under the spell of his hoodlum friends. He too gave me a forwarding address and returned keys.

He too, after not hearing from him when asked about his remaining stuff since 2/28, suddenly texted me about his stiff yesterday with no specific date to remove.

Again, official vacate date was 3/1 and the clock is ticking on sending them their sec dep letter of explanation which needs to be postmarked no later than 14 days after moveout.

I suggested packing up their stuff and dropping it off down the street where roommate #1 is living with her mother. DH is afraid to break something although it is all cheap junk and an inexpensive bed frame.

Tryan, no longer a garage on this particular property. It was dilapidated and full of trash when we purchased it. Still crickets from former tenants. I will be back in town today and conducting the exit inspection. They won't be getting any sec dep returned.

In my opinion you've given them enough time to get their stuff (more than enough). If you have given them a deadline (I think you said by today) then that's it. If they come, great.. if not... then get rid of it.

Tell them that if you haven't already. If they really want it, they'll come and get it. If they don't then they don't.

Send the letter. Don't worry about it. If they "threaten" to take you to court or "I'm calling my attorney" then let them. I'm sure you have documented everything so if they do you have everything you've done. I know NY is a "tenant friendly state" but them leaving on the 1st and now it's the 12th is more than enough time for ANY judge (if it comes to that) to fully understand that they are still in possession.

Little bit funny ... did an eviction in the hood. The "bonded" mover shows up with the HORSE TRAILER! The peeps "stuff" would sit in the trailer for the required holding period (3 months). Then disposed of at his will.