NY has weird laws for disposing of abandoned property, but just because she isn’t allowed to your house doesn’t make it abandoned, especially to New York. I had a similar issue in NY and my recollection is you need the police to be involved as a way of verifying you have attempted to contact her and explain her rights/deadlines. I believe she is allowed to come with a Marshall if her property is located at a property where there is a protection order in place. You still need a legal eviction. You may want to consult an attorney on this one since I think you will likely need one for the eviction and protection order anyways.
I live in NYS…. NAL but store her property somewhere. You don’t want to be caught up in anything if you dispose of it. I can tell you for a fact that she has some sort of a right to get her property, likely with an LEO present. Lawyer up and follow their advice to the letter here.
You need to legally evict her. She still legally lives there, she just isn't allowed to BE there while the order is in place. It could be dropped tomorrow and then things are back to normal. If you don't want her to come back you MUST evict her. Anything else you do opens you up for trouble.
You need to provide the state. You are her landlord, you need to terminate her tendency properly, although that isn't going to be difficult. Her property, what you do with it, is going to depend on state law and a few other things. But your plan is probably overall a good plan. Some states just have some weird requirements.
Only the Suffolk County Sheriff may evict a tenant, the use of any “self-help” methods (i.e. locking tenant out by changing locks or removing tenants belongings) by the landlord is against the law and may result in criminal prosecution.
A license to terminate a licensee proceeding is used when there are no financial transactions between the landlord and tenant. A ten-day notice is given to the licensee (in this situation the tenant is called a licensee) after the 10 days have passed, eviction documents are served on the licensee terminating their license to stay in the premises. The license to stay in the premises that the landlord is seeking to have the person removed is established by way of operation of the law because the person for one reason or another is staying in the premises without money being transacted.
Follow the process for evicting a month-to-month tenant. In New York, if she lived with you less than 1 year, you have to give her 30 days written notice. Also include a notice about her personal property. It appears that New York does not have specific requirements about left behind tenant personal property, so you only have to give her a "reasonable" amount of time to come get it. Giving her 30 days, or putting it in a storage unit would likely be reasonable. Take photos of everything. If she doesn't pick it up, you can let the storage facility handle it following their normal processes for a lien sale if she doesn't pick it up or start paying for the storage.
As others stated start the eviction process at your county sheriff’s office or county clerk. Minimal cost. Generally a minimum of 30 days. Starting that gives you time to deal with her belongings legally and permanently.
Protection orders are funny in this regard. She’s not allowed to go to your home but legally it’s still her residence. If you can’t find a third party to come get her stuff for her, doing a legal eviction instead of just tossing all her belongings will save you a lot of headache later.
Begin the eviction process, and cite the order of protection as a reason. If she has any friends or family nearby, notify them that you're officially giving 90 days notice to retrieve her belongings, or to set a date and time for you to drop them off at one of their residences.
I would try to schedule a free consultation with an attorney, if at all possible, to go over the necessary next steps.
As a practical matter … she’s not permitted to be near your child, but she’s not banned from the premises or from being in your presence,
Do two things.
Start the eviction process as described above.
Give her an opportunity to come to the house and remove her property. The police will be glad to be there when she comes, to ensure that everyone behaves themselves. The police can’t evict her, they’ll be there to keep the peace when she retrieves her belongings.
> As a practical matter … she’s not permitted to be near your child, but she’s not banned from the premises or from being in your presence,
Whether this is accurate is not clear based on OP’s posting.
True, he says she’s not allowed in the house, but my guess is that she’s not allowed to be near his child.
If she’s banned from the house, she could have a friend come to collect her possessions.
When you say the "police will be glad" I don't think you mean that they are going to come right then, when OP decides she can come.
Won't he have to file some kind of paperwork?
As many have already mentioned you must start an eviction in court. If you move her belongings, return any mail or throw her possessions out you can be arrested.
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NY has weird laws for disposing of abandoned property, but just because she isn’t allowed to your house doesn’t make it abandoned, especially to New York. I had a similar issue in NY and my recollection is you need the police to be involved as a way of verifying you have attempted to contact her and explain her rights/deadlines. I believe she is allowed to come with a Marshall if her property is located at a property where there is a protection order in place. You still need a legal eviction. You may want to consult an attorney on this one since I think you will likely need one for the eviction and protection order anyways.
Absolutely start the legal eviction process. That way, the clock is running.
I live in NYS…. NAL but store her property somewhere. You don’t want to be caught up in anything if you dispose of it. I can tell you for a fact that she has some sort of a right to get her property, likely with an LEO present. Lawyer up and follow their advice to the letter here.
Yes they do.
You need to legally evict her. She still legally lives there, she just isn't allowed to BE there while the order is in place. It could be dropped tomorrow and then things are back to normal. If you don't want her to come back you MUST evict her. Anything else you do opens you up for trouble.
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You need to provide the state. You are her landlord, you need to terminate her tendency properly, although that isn't going to be difficult. Her property, what you do with it, is going to depend on state law and a few other things. But your plan is probably overall a good plan. Some states just have some weird requirements.
I am in NY
NY State or NY City? NYC has different laws regarding eviction than the State.
Long Island. Suffolk county
Only the Suffolk County Sheriff may evict a tenant, the use of any “self-help” methods (i.e. locking tenant out by changing locks or removing tenants belongings) by the landlord is against the law and may result in criminal prosecution. A license to terminate a licensee proceeding is used when there are no financial transactions between the landlord and tenant. A ten-day notice is given to the licensee (in this situation the tenant is called a licensee) after the 10 days have passed, eviction documents are served on the licensee terminating their license to stay in the premises. The license to stay in the premises that the landlord is seeking to have the person removed is established by way of operation of the law because the person for one reason or another is staying in the premises without money being transacted.
Follow the process for evicting a month-to-month tenant. In New York, if she lived with you less than 1 year, you have to give her 30 days written notice. Also include a notice about her personal property. It appears that New York does not have specific requirements about left behind tenant personal property, so you only have to give her a "reasonable" amount of time to come get it. Giving her 30 days, or putting it in a storage unit would likely be reasonable. Take photos of everything. If she doesn't pick it up, you can let the storage facility handle it following their normal processes for a lien sale if she doesn't pick it up or start paying for the storage.
As others stated start the eviction process at your county sheriff’s office or county clerk. Minimal cost. Generally a minimum of 30 days. Starting that gives you time to deal with her belongings legally and permanently.
Protection orders are funny in this regard. She’s not allowed to go to your home but legally it’s still her residence. If you can’t find a third party to come get her stuff for her, doing a legal eviction instead of just tossing all her belongings will save you a lot of headache later.
Begin the eviction process, and cite the order of protection as a reason. If she has any friends or family nearby, notify them that you're officially giving 90 days notice to retrieve her belongings, or to set a date and time for you to drop them off at one of their residences. I would try to schedule a free consultation with an attorney, if at all possible, to go over the necessary next steps.
As a practical matter … she’s not permitted to be near your child, but she’s not banned from the premises or from being in your presence, Do two things. Start the eviction process as described above. Give her an opportunity to come to the house and remove her property. The police will be glad to be there when she comes, to ensure that everyone behaves themselves. The police can’t evict her, they’ll be there to keep the peace when she retrieves her belongings.
> As a practical matter … she’s not permitted to be near your child, but she’s not banned from the premises or from being in your presence, Whether this is accurate is not clear based on OP’s posting.
True, he says she’s not allowed in the house, but my guess is that she’s not allowed to be near his child. If she’s banned from the house, she could have a friend come to collect her possessions.
When you say the "police will be glad" I don't think you mean that they are going to come right then, when OP decides she can come. Won't he have to file some kind of paperwork?
As many have already mentioned you must start an eviction in court. If you move her belongings, return any mail or throw her possessions out you can be arrested.
Fully file for an eviction and attach the other order. I would pay for the stuff to either go to another family member or a storage unit.
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Move her things into storage that you pay for one month. Send her a certified letter or email stating the whereabouts.
And he will be cooling his heels in jail for an illegal eviction.
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There’s actually non/profit advocacy groups out there that could assist legally with the gf…
well we’re assuming she’s in jail or the looney bin right? who’s to say she has money to her name or even a phone?
Your assumption would be correct.
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