Q: I own a house. My s.o. moved in a few months ago but we are now breaking up. How long should I give for her to move out?
I initiated the breakup.
We do not have a formal lease, but before she moved in we had verbally agreed that she would pay a fairly small amount monthly when she started living here (she did not ever start paying).
The house is in my name only, with a mortgage (don't know if this is relevant).
I would like to understand both my legal obligations, and what would be fair/reasonable accommodations.
A: If you need to go the route of commencing legal action to remove your S.O. from your home, the process can take longer than you may find tolerable. Depending on whether the occupant is a tenant or a licensee, the required predicate notices can be as short as 10 days to as long as 90 days. Only after service of predicate notices can the actual court case be commenced. If you are in NYC, there is a substantial backlog of cases because of the Covid-19 crisis. Since the courts are still working through pre-Covid cases, you can expect a substantial delay before new cases begin to be heard.
1 user found this answer helpful
A: My office handles these issues all the time. You have several options but I’d need to know more facts. Contact an attorney to review your options.
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.
