use of garage - Landlord Forum thread 334117

use of garage by Nathan Cohen (NYCity) on April 25, 2015 @23:23

tenant's lease ended Jan. 31,'15. We are in eviction process.
Garage storage space allowed by our late father, but NOT in lease. May we throw out tenant's property?

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Re: use of garage by Brenda on April 25, 2015 @23:32	[ Reply ]

Only if you want to pay the tenant? If your in an eviction process, you would be foolish to do anything such as violate the eviction laws. Just because it's not in the lease does not mean a verbal lease exist. Too many landlords shoot themselves in the foot too often, put your gun away.

Re: use of garage by Geoff (NY) on April 26, 2015 @11:07	[ Reply ]

You have to get the official eviction and then give them 30 days secure storage. It does not have to be free storage and it doesn't need to be in the same place that it is stored currently. If you need or want to you can move the material to a storage unit, and in theory you can charge them what it cost you, (Good luck with that), you then can dispose of the material. What you can't do legally is to retain the material for your own use or sell it privately to compensate you for your own expenses. If it does get sold it has to be sold at a public auction and then the funds have to be treated as additional security deposit. Source Nolo Guide for Ny Landlords. Personal experience is to store it on my own property for free with thorough video and photo documentation of condition collection and disposal. Actually had Tenants show up more than a year later for their Christmas decorations

Re: use of garage by altagracia on April 26, 2015 @18:30	[ Reply ]

Nathan, it is better to wait patiently and do not mess yourself with tenant in eviction. I guess tenant will leave eventually. This is a waiting time.