Abandoned property law new york starts with one key point: a landlord generally cannot treat your things as abandoned until the court eviction process runs its course under RPAPL 749. If you got a notice citing that section, abandoned property law new york gives you at least 14 days’ written notice from a sheriff, marshal, or constable before anyone can remove you or your belongings.
What Abandoned Property Law New York Actually Says
New York does not have one “abandoned property” statute for renters. However, abandoned property law new york works through the eviction rules instead. The key section is RPAPL 749, titled “Warrant.” You can read the official text of RPAPL 749 on the New York State Senate website.
Here is how it works in plain English. First, the landlord must win a final judgment in court. Then the court issues a warrant. The warrant goes to a sheriff, marshal, or constable. It must describe the property and state the earliest date the eviction can happen. In most cases, that officer, not the landlord, is the only person allowed to remove you.
As a result, abandoned property law new york puts a legal officer and a court order between you and a landlord who wants your things gone. The table below shows the exact rules in the section.
| Provision | Exact rule | Section |
|---|---|---|
| Court judgment required first | Warrant issues only “upon rendering a final judgment for petitioner” | RPAPL 749(1) |
| Who carries it out | Sheriff of the county, or a city constable or marshal (a town constable outside cities) | RPAPL 749(1) |
| Earliest eviction date | Warrant must state the earliest date execution may occur | RPAPL 749(1) |
| Notice to tenant | At least 14 days’ written notice | RPAPL 749(2)(a) |
| When eviction can happen | A business day, between sunrise and sunset | RPAPL 749(2)(a) |
| Pets | Officer must check for companion animals and coordinate their safe care | RPAPL 749(2)(b) |
| Paying rent owed | In a nonpayment case, court shall vacate the warrant if full rent due is paid before execution, unless bad-faith withholding is shown | RPAPL 749(3) |
| Getting back in | Court may restore the tenant to possession after the warrant is executed | RPAPL 749(3) |
The text above reflects the most recent revision posted by the Senate, dated June 28, 2019.
Who Abandoned Property Law New York Covers (and Who It Does Not)
RPAPL 749 applies to “summary proceedings.” That is the court case landlords use to recover a home. Typically, this covers renters in apartments, houses, and rooms across the state. Abandoned property law new york protects you because the warrant must name the people to be removed.
For example, if you moved out and handed back your keys, your situation may be different. The warrant process is about removing people who are still in possession. Items left after a real, voluntary move-out can raise other questions. The official text of RPAPL 749 does not set a storage period or a disposal deadline for leftover items. As a result, any deadline like that must be confirmed with your local court or a legal-aid office.
New York City has its own marshals, covered in a separate section, RPAPL 749-A. Your city or county may also have local rules. Under abandoned property law new york, check with your local housing court for rules that add more protection where you live.
What Your Landlord Must Do Under This Law
Your landlord must go to court. There is no shortcut. In most cases, a landlord who changes the locks, removes your things, or cuts off access without a warrant is breaking the rules. Abandoned property law new york does not let a landlord decide on their own that you “abandoned” the place.
After a judgment, the officer, not the landlord, must serve written notice on you. That notice must be delivered the same way a notice of petition is served. It must come before any eviction happens. The officer must also check for pets and work with you to keep them safe.
Under abandoned property law new york, that 14-day window is the most important part of the process. Treat the first day of notice as a warning to act.
What You Can Do When It Is Broken
If your landlord removed you or your things without a warrant, go to your local housing or civil court right away. RPAPL 749(3) says the court keeps the power to stay or vacate a warrant for good cause. It can also restore a tenant to possession even after the warrant was executed. Abandoned property law new york gives the court real tools to help you.
If your case is about unpaid rent, there is another option. The court shall vacate the warrant if you pay or deposit the full rent due before it is executed. The only exception is if the landlord proves you withheld rent in bad faith. However, you should confirm the exact amount due with the court clerk first.
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Take photos of your belongings and the locks. Save every notice and text message. Then contact a local legal-aid office or a tenant attorney right away. This is especially urgent if an eviction date is near. Abandoned property law new york moves fast once a warrant is issued, so do not wait.
Frequently Asked Questions
Can my landlord throw out my things if I’m late on rent?
Not on their own. Under abandoned property law new york, the landlord needs a court judgment and a warrant carried out by a sheriff, marshal, or constable. Many tenants in New York can also stop a nonpayment eviction by paying the full rent due before the warrant is executed.
How long do I have after I get the marshal’s notice?
RPAPL 749 requires at least 14 days’ written notice before the eviction. The eviction can only happen on a business day, between sunrise and sunset. Check with your court or a local legal-aid office right away about your options.
How long must a landlord store my things after an eviction?
The text of RPAPL 749 does not set a storage period. Under abandoned property law new york, that detail must be confirmed with your local court, marshal’s office, or a legal-aid office. Ask about it in writing so you have a record.
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Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New York Renter Guides
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.