Q: I can’t get my squatter brother out of the house that I have the right to sell, I have an eviction lawyer, on case three
Years. need directions on what I need to do or say to the lawyer to move this case on just need help.
A:
Greetings:
In light of COVID-19s impact on Tenant Eviction, coupled with New York State's affinity towards Tenants, I would suggest the following:
Offer your brother money to "surrender" posession. Offer an amount **inclusive of relocation fees, storage fees, future next month's first rent/security deposit, and realtor fee.
Once he accepts, have him sign a formal "Surrender Agreement" whereby he agrees (upon 30 days of cashing of the check** ) to waive his right to defense against your right to "self help" as a NYS Landlord...meaning you can (after day 30) change the locks, discard his personal items, etc..absent the requirement for procuring a formal "Warrant of Eviction".
Essentially you are offering "cash for keys".
Best of luck.
DISCLAIMER: **THIS RESPONSE IS GENERIC BY NECCESSITY; DOES NOT CONSTITUTE LEGAL ADVICE; OR CREATE AN ATTORNEY/CLIENT RELATIONSHIP. YOU ARE INSTRUCTED TO OBTAIN YOUR OWN LEGAL REPRESENTATION FOR DEFINITIVE LEGALGUIDANCE.
Steven Warren Smollens agrees with this answer
A:
Dear Pomona Property Owner
Perhaps the problem with the lawsuit is that it is difficult to prove that a family member is a squatter. You know that a Licensee and a Squatter each is brought to court with a similar predicate ten day Notice to Quit. Surely it is simpler to establish the termination of a Licensee than the existence and ending of a Squatter.
Your attorney never counseled you to offer a financial inducement to your brother to leave? This alone would have saved three years of frustration and time.
Consider reviewing your lawsuit with another attorney.
Daniel Michael Luisi agrees with this answer
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