New York Removal of Lessee's Equipment and Personal Property

State:
Multi-State
Control #:
US-OG-818
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

The right of the lessor to remove tenant's personal property and hold it until rent is paid is called: Right to Sequester.

227 - When Tenant May Surrender Premises. 227-A - Termination of Residential Lease by Senior Citizens or Individuals With a Disability Moving to a Residence of a Family Member or Entering Certain Health Care Facilities, Adult Care Facilities or Housing Projects.

Abandoned property, waifs and treasure trove, and other property which is found, shall be presumed to be lost property and such presumption shall be conclusive unless it is established in an action or proceeding commenced within six months after the date of the finding that the property is not lost property.

No manufactured home park owner or operator shall deny any manufactured home tenant the right to sell his manufactured home within the manufactured home park provided the manufactured home tenant shall give to the manufactured home park owner or operator twenty days' written notice of his intention to sell, provided ...

After the 30 days have passed, the landlord can sell, keep or dispose of the tenant's property. But, the tenant may still claim any money the landlord may have made from selling their property for up to 6 months after the date the order was made or the notice was given (see the next section).

Belongings left behind If the goods are worth $2,000 or more, the landlord must store them for 30 days. A tenant can reclaim their possessions by paying the landlord for the moving and storage costs. Once the tenant has paid these costs, the landlord must then return the tenant's possessions.

However, if landlords restrict a tenant's use unreasonably, it may constitute a breach of quiet enjoyment. Absence of Basic Services ? When utilities are included, or the landlord is responsible for payment and fails to do so, this is a major issue.

Generally, the landlord must store the items in a safe place for 60 days to allow the tenant a chance to claim them. However, the landlord can choose to get rid of the items in an appropriate manner if the: Items are worth less than $500. Cost of removing or storing the items is more than the items are worth.

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New York Removal of Lessee's Equipment and Personal Property