Legal Question in Landlord & Tenant Law in New York

We own a rental house in Suffolk county in NY. We have had a yearly lease with a man who had his mother co-sign, for 2 years. He had moved in with his girlfriend and their young child. They have had a rocky relationship, with her moving out and returning several times. Now he moved back with his mother and cannot get her to leave. the lease is up for renewal in January. He would like to renew but wants our help in getting her to leave. She has threatened us with evoking her squatters rights. What is our next step?

Asked on 11/28/09, 11:02 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC
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I am confused by your question. Who is "her", the mother or the girlfriend? Where is the man living, in your house with the mother or with the girlfriend? Who is in your house, the mother, girlfriend or man (or a combination)?

Please re-write the question so I may better be able to answer.

However, as a broad answer, if the person in the house does not have a lease, you would have to serve a 30 days (1 month) notice (if the person in the house is a tenant), and file a petition with the landlord/tenant court if the tenant does not vacate pursuant to notice.

Mike.

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12/03/09, 2:46 pm
Steven Czik CZIK LAW PLLC
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Yes you need to initate summary proceedings for eviction in Housing Court. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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12/03/09, 5:32 pm

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