Q: Apartment was rented by me and my mother in Brooklyn, NY, in 2010. I name and mom’s name is still on the all utilities.
In 2012, I left the country, 5 years ago my moms boyfriend moved in. The lease agreement didn’t change, his name is not there. However he has been paying half of the rent. 6 months ago they broke up, boyfriend is refusing to move out. They are both over 60 yo. My mom still works, while boyfriend is under Social Security and his HomeAid comes every day for 5 hours to take care of him. The boyfriend agreed (6month ago) to leave the apartment, “as soon as he finds the place”, but has not done so. My mom is under so much stress, as he shouts, and threatens her every single day, that she called the police 2 days ago. (she has been keeping all this to herself since recently, not telling me, and hoping that he will leave) He has many relatives in NY, my mom has none. At this point, I just want to know, what is my mom’s and his legal rights. I want my mom to find a new rental, but at the same time feeling bad for our landlord (she is a nice elderly lady) to leave the headache.
A: An eviction proceeding is required in court to get the boyfriend out, but he appears to have no grounds to stay. However, if your mom is willing to get a restraining order due to the threats, it is possible the court may require him to move out. You can get this from the criminal court.
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