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Brimy623

Junior Member
What is the name of your state (only U.S. law)? NY

Hello, I'll try to be as brief as possible.
Tenant was living month to month.
Tenant given 30 day notice to vacate since they could not afford to pay asking rent and would not sign new lease.
Tenant requested additional 2 weeks to complete move.
All people have NOT been back to the apartment in weeks but they have property in the apartment and have not surrendered the keys.
Do I have to go through the eviction process to take possession of the apartment?
 


Searchertwin

Senior Member
What is the name of your state (only U.S. law)? NY

Hello, I'll try to be as brief as possible.
Tenant was living month to month.
Tenant given 30 day notice to vacate since they could not afford to pay asking rent and would not sign new lease.
Tenant requested additional 2 weeks to complete move.
All people have NOT been back to the apartment in weeks but they have property in the apartment and have not surrendered the keys.
Do I have to go through the eviction process to take possession of the apartment?
If they gave you a 30 days notice of intent to vacate, that will need to be in writing to be valid. If not than it is your word against their word. Which makes a different story. Do a "pay or quit" notice and see what happens. Than if no response, you will need to go through the eviction process.
If the 30 days is in writing than you need to check the state law on abandonment. If they have not paid rent for that month and two weeks, that's what you need to do.
Do not throw out their belongings until you are sure on state law. You should have something in the lease on that subject. If not put it in the next time. BUT take pictures and inventory on everything, down to the last sock. Take different angles on tv, etc;
 

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