Legal Question in Landlord & Tenant Law in New York
Family Member Eviction
This is an unusual case. My family and I (Four people altogether 45 years old - Me, 40 year old -my wife, 20 year old daughter, 18 year old Son)have lived in my parents home for the past 17 years. We have given them rent (Cash, no lease) and during that time done several home improvements. we paid for a new roof and bathroom (Took out a $10,000.00 Personal lona to do so which we are still paying) put in new windows, painted, and kept the upstairs in good living condition. Over the years we helped out to keep the home maintained, either by our own hands, or hiring help to do so. Now my father is 87 years old, and becoming very unstable emotinally. he verbally abuses myself, my wife, and kids, makes threats, accuses us of stealing and damaging his property and belongings, and has told me recently he is going to change the locks, and have us put out on the street. He said he wants us out in a week, has threatened to hire workers to remove all of our possessions and belongings out onto the street while we are not home. We are looking for a new residence, but we need at least 90 days to move. Mykids are currently in school. What are my legal rights to attain the time we need to move. Please advise me of my options/ legal rights.
1 Answer from Attorneys
Re: Family Member Eviction
As you have lived there for so long, you have a right to access and a right to remain in the house until he initiates court proceedings and gets a warrant of eviction issued against you. HE CANNOT LOCK YOU OUT. It is completely illegal and if he attempts to do so you can call the police.
This area of law is our specialty, 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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