Q: My neighbor has no lease with renters in his home. One renter is now in jail. How long should he wait to empty the room?
A: Going in and emptying the room is not lawful. You should confirm that the tenant is in prison and then try to contact them to find out what they would and would not be able and willing to do to keep the place or whether they would surrender the premises. If no agreement can be reached, you may have to bring a case against them for either holdover or nonpayment, except for cases involving tenants who are the victims of domestic violence. The person can be served in the prison as well as their residence.
Steven Warren Smollens agrees with this answer
A: Your neighbor as a landlord has no right to enter the room of a tenant, even a tenant who is incarcerated, without a court order. You could let your neighbor know he should seek legal counsel. Entering the room and removing the tenant's property is a Crime and NYPD will arrest them for the crime of illegal eviction.
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