Legal Question in Real Estate Law in New York

Can I get them out on my own?

A. If the home is still in the decedent's name, then the executor or administrator of the estate has the right to commence the eviction. This begs the question, are you the executor or the administrator for the estate? If yes, you may petition the landlord - tenant court to evict the tenants. If no, you must first obtain "letters" (authority) from the Surrogate's Court as either the administrator or executor for the estate and then you would be able to commence the eviction proceeding.

How? I live in California.

A. Even if you live in California, you may still retain a New York attorney to represent you in Surrogate's Court and in Landlord - Tenant Court.

Also what type of eviction will it be since my sibling never had an actual lease.

A. If the tenant is paying rent but does not have a lease, he or she is a month to month tenant. You would evict upon service of a 30 Day Notice to Terminate the Month to Month tenancy.

Mike.

Mr. Markowitz is correct, and just to add, if they were not paying rent then they would be considered a licensee. As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. We have handled many such 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. 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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