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Tenant’s Property Left After Eviction

May 2014:  This post originally appeared on the LandlordsNY blog, where Michelle MarattoItkowitz is the legal expert.

Hi, Michelle here. I am the LandlordsNY Legal Expert. My goal is to post in the blog all of the questions I get from LandlordsNY members and my answers thereto, when I think that such questions and answers would be of interest to other people. This is the first such post. Let me know if this is helpful.

Question: What is the law regarding personal property remaining in an apartment after an eviction is carried out by a marshal? I understand that the landlord must keep the property in the apartment for 30 days or put the items in storage in the tenants name. What are the landlord's options? Thanks.

Answer:

Two Options on Eviction Day

Landlord has two options on eviction day. Landlord can ask the New York City Marshal to deliver either legal possession or full possession (otherwise known as a “move out eviction”). A full eviction is the removal of the tenant and the tenant’s belongs both of which the Marshal oversees. Legal possession removes the occupant from the space but the personal property of the former tenant remains under the care and control of the landlord. Most “evictions” are actually the Marshal returning legal possession to the landlord even though the terms are commonly used interchangeably.

Legal Possession

If only legal possession is being given back to the landlord, the Marshal will take an inventory of everything inside the premises. The Marshal is required to prepare a ...READ MORE

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