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

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.


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Answered on 12/03/09, 2:46 pm


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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Answered on 12/03/09, 5:32 pm

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