In NY State, how to handle/how long to store vacated tenants property?

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I gave a tenant a "Three day demand for payment or vacate the premises" letter, which the tenant responded to via email, agreeing to vacate. Tenant removed a quantity of belongings on the agreed date and I waited a full week beyond w/no return by tenant before changed the locks. Tenant left a lot behind, mostly clothes and junk. Do I have to inventory & store; and for how long?

Attorney Answer

1
Lee Friedman ·
In New York, something called a constructive bailment is created because the law imposes an obligation on the possessor of the personal property to return the property to its rightful owner. Under New York law, an obligation is imposed upon the owner to provide the former tenant with (i) notice and (ii) a reasonable opportunity to remove the property. The law is unclear, however, as to what constitutes reasonable notice and opportunity to remove the property. The courts tend to analyze each matter on a case-by-case basis depending upon the circumstances. There is no specific period of time mandated, but in reality, to prevent a lawsuit against you, I would suggest keeping the property for a few months, with several attempts at giving notice to the former tenant to pick up their property. Although it will cost you money, the safest thing would be to place the property in a secured storage facility. If, after a few months the property is not claimed, you can likely dispose of it. If you go this route, you can request reimbursement from the former tenant for the cost of safeguarding their property. Good Luck.
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