Is It Legel To Fix An Abandoned Bikes And Sell
Enquire Real Estate
When a Fence Becomes a Bike Rack
Ask Real Estate is a weekly column that answers questions from across the New York region. Submit yours to realestateqa@nytimes.com .
Random Bike Parking
I own and alive in a Brooklyn townhouse. Someone has been locking his or her bike to my wrought-atomic number 26 fence in front of my firm. I have left a notation request that it exist moved, merely the person keeps leaving it at that place. What are my options?
Fort Greene, Brooklyn
Finding a identify to park a bike in New York Metropolis is no piece of cake feat. Lock it to a tree and you can get slapped with a $one,000 fine. Concatenation your bike to a subway entrance railing and the Metropolitan Transit Authorization will booty it off to the Lost Property Unit. Parking meters and street signs are risky and potentially illegal. Given the dearth of options, your wrought-fe fence probably looks similar a decent ane, especially since rules well-nigh parking a bike on individual holding are vague.
"Locking a bicycle to someone else's contend without permission is obnoxious," said Thomas P. Higgins, a Manhattan existent estate lawyer. "But from a legal perspective, there is not a lot of recourse."
The bike passenger is trespassing on your property, merely the police volition not intervene about a civil affair. Yous could file a civil suit against the bike possessor, but that would not get y'all very far, since your damages would be minimal. Resist the urge to cutting the lock and remove the bike, considering doing so is illegal. If you cut the lock and leave the bike where it is, you would be liable for the value of the bike if information technology were to be stolen. Regardless, cutting someone's lock is not a specially neighborly affair to practise.
And then what can you do? You could post a sign telling cyclists to park elsewhere. You could confront the passenger, requesting that he or she discover some other place to park. Or you could file a request with the Department of Transportation to add wheel racks to your neighborhood. Only the waiting list for racks is long. Ask your community board to make a request too, equally it might have more than sway than one solitary voice.
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Should They Stay or Go?
My wife and I entered into a contract to purchase a townhouse with a contingency: If the seller could non observe a suitable house to purchase, she could cancel the bargain. We then put our house on the market place, and received an offering in a higher place asking price. Alas, the seller of the townhouse did non find a new residence and canceled the contract. (She insists that she eventually wants to sell to us, but our lawyer worries that she could drag this out indefinitely.) So we are faced with a decision: Should nosotros accept the offer on our house without a home lined up to buy? Or should nosotros take our house off the marketplace and relist information technology in the spring? Waiting feels similar a gamble: Interest rates could rising, and we might not get equally good an offer once again.
Due south Orangish, Due north.J.
Buying or selling your home is often a gamble, and you frequently have scant control over the cards you are dealt. So earlier you make your adjacent move, answer this basic question: Why, exactly, do you want to sell?
If yous want to sell because you lot want to live in a townhouse like the one you recently found, know that another one might not be available in the immediate time to come (and the original seller may not relist her home). "The existent question you have to ask yourself is: 'How much do I really want this townhouse?' " said Vanessa Pollock, a Maplewood, Northward.J., sales agent for Keller Williams.
But if you are tempted to sell because you have received an offer as well skillful to pass up, and so now is the fourth dimension to human activity. You might not receive a comparable offer the next time you list your house. "We know what the market is now," said Allison Maguire, a Halstead Property sales agent in Montclair, N.J. "The spring market is an unknown."
Make up one's mind how flexible yous are about the future. If you lot are willing to buy something other than a townhouse or could alive in a rental for a few months, take the offer. Afterward all, that townhouse is not the just home for sale in New Jersey — and you would not be the first person to sell your habitation without another one lined upwards. "The fall market is a strong i, with inventory being replenished daily," Ms. Maguire said.
Only if your heart is assault the townhouse or i similar information technology, hold out for what you really want. If yous play your cards right, yous might fifty-fifty fetch a higher price adjacent spring.
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Tossing a Former Tenant's Stuff
My tenant of 18 months moved out abruptly, leaving some personal items similar dishware, a cooler, exercise weights and shoes. None of the items announced essential or valuable, but I imagine she would still want them. I take texted her and left voice messages, just she won't return my calls. How long am I legally obligated to agree onto her abandoned personal items? May I discard them after a reasonable period of time, or practice I have to shop them?
Bedford-Stuyvesant, Brooklyn
Tenants oft leave behind belongings when they movement out, sometimes intentionally and other times past blow. But earlier y'all toss those dishes and shoes, make certain that yous are allowed to exercise and so.
"Ane person'southward garbage is some other person's treasure," said Bradley Scott Silverbush, a Manhattan lawyer who represents landlords.
Read the lease carefully. Virtually leases say that once a tenant surrenders an flat, whatever belongings that remain are considered abandoned, and the landlord can dispose of them — and charge the tenant for removal costs. If your tenant has properly relinquished the apartment, send her an email or a letter by certified mail laying out your intentions. (Those vocalisation mail service letters do non suffice, because they leave no paper trail.)
Simply y'all mentioned that she left abruptly. Did she give back the keys and declare in writing that she was surrendering possession of the apartment? If not, she might all the same have a claim to it, even if she is not returning your phone calls or living there. As a landlord, you cannot unilaterally decide that a tenant has abandoned an apartment. Instead, you have to sue the tenant to recover possession of the flat and then you can clean it out. Otherwise, you could be liable for improperly disposing of a tenant's belongings, Mr. Silverbush said. And then until you are admittedly certain that your tenant has surrendered the apartment, you lot probably do non accept the correct to toss her stuff.
Is It Legel To Fix An Abandoned Bikes And Sell,
Source: https://www.nytimes.com/2015/10/25/realestate/a-stragners-bicycle-locked-on-private-property.html
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