Depew, NY asked in Landlord - Tenant for New York

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.

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2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

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

Victor M. Feraru
Victor M. Feraru
Answered
  • Landlord Tenant Lawyer
  • Mineola, NY
  • Licensed in New York

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.

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