Rochester, NY asked in Real Estate Law for New York

Q: if I have a roomer that gives me a thirty day notice how long do I need to keep his belongings for him

the roomer signed a lease which states roomer may give 30 days notice but must pay for the following month ie if you give notice aug 5 you are still responsible for sept rent and chooses not to be here how long do i need to hold physical belongings i asked him when i would be getting rent he said when i can pay it i asked when are you getting your belongings when i can afford to rent a truck - the room he is using stinks literally and is permeating to other areas

he gave me notice he is ending lease - my question is do i need to keep his belongings indefinitely or what do i need to do next

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: When you rent a room, you effectively become a "landlord" and are required to take the same steps as any landlord to evict a "tenant". Therefore, it is not a matter of when you can throw out someone's belongings after service of a 30 Day Notice but when you can commence a court case. Only after you obtain a judgment of possession can you legally evict anyone or remove belongings

Victor M. Feraru agrees with this answer

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