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New York Letter from Landlord to Tenant as Notice of Abandoned Personal Property

State:
New York
Control #:
NY-817LT
Format:
Word; 
Rich Text
Instant download

Description

This is an official notice from the Landlord to the Tenant. This Notice to Tenant sets out specific directions to either retrieve items of personal property left behind by tenant, or have items be confiscated by landlord. This form conforms to applicable state statutory law.


Abandoned property is property left behind intentionally and permanently, often by a tenant, when it appears that the former owner or tenant has no intent to reclaim or use it. Examples may include possessions left in a house after the tenant has moved out or autos left beside a road for a long period of time.


Abandoned personal property is that to which the owner has voluntarily relinquished all right, title, claim and possession, with the intention of terminating his ownership, but without vesting ownership in any other person, and without the intention of reclaiming any future rights therein, such as reclaiming future possession or resuming ownership, possession, or enjoyment of the property.

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FAQ

Giving written notice to the tenant detailing how and where to reclaim the property. providing a deadline for picking up the property (30 days is common) requiring the tenant to reimburse you for the reasonable costs of storing the property, and. declaring that failure to claim the property means it is legally

Property remaining on premises is considered abandoned after (1) a tenant has been absent for at least 30 days without explanation or (2) at least 15 days have passed since the tenant was supposed to pay rent and it appears to the landlord that he has vacated the premises.

If you are unsure about claiming that a tenant has surrendered the property you can place an Abandonment Notice on the door of the property. This Notice needs to advise that the property has been deemed as abandoned and give a time say five days after which the locks will be changed if no contact is received.

Property is considered abandoned only after a lease is terminated. Termination occurs when the lease is up and the tenant moves out, or if the tenant is legally evicted.

Starting to Write State the most recent information you have on file and detail the attempts you have made to contact them. Warn that if there is no response within a specific time frame action will be taken. Post the letter to the last known address of the individual.

Abandonment can only be assumed from the tenant leaving the property, taking their possessions and handing in the keys. However as surrender of the property is implied from the same actions, an Abandonment Notice may be unnecessary.

Starting to Write State the most recent information you have on file and detail the attempts you have made to contact them. Warn that if there is no response within a specific time frame action will be taken. Post the letter to the last known address of the individual.

In New York, property is generally presumed abandoned if there has been no activity in the account for a set period of time, usually between two and five years.

Generally, a landlord should give written notice to the tenant of his/her intention to dispose of the uncollected goods. If 28 days have elapsed since the giving of the notice and the tenant has not taken delivery or given directions as to delivery, the landlord may dispose of the abandoned goods.

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New York Letter from Landlord to Tenant as Notice of Abandoned Personal Property