Q: Im looking for advice for removing my sisters drug-influenced boyfriend from my moms apartment (where i also live).
He does drugs and drinks daily, with proof.
He or my sister do not contribute to rent or household, only she is on the lease (but that´s to be determined soon in housing court).
I will start working so i do not want him here while my mothers alone with my toddler daughter.
He has an order of protection made by my sisters daughter (niece), that states that he undressed himself infront of her.
My sister and her boyfriend fight and beat each other constantly.
I am not comfortable with my child being alone without me, when hes here also.
A: This is an alarming situation and more complicated than it may at first seem. If circumstances are not sufficient so that can obtain an Order of Protection from Family Court, relief may be available through Housing Court. However, the person named as tenant on the lease would have to be willing to bring the proceeding and it would probably have to seek the eviction of your sister too. If your sister has truly never paid rent, you may instead have to go to Supreme Court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
