Binghamton, NY asked in Landlord - Tenant for New York

Q: Mom is landlord, pay rent with a written contract, wants to kick me out for a random drug test forced to take. Legal?

My mom is my landlord and I have a written contract to live at home with “terms subject to change by mom at any point”. I tried smoking weed a long time ago which she didn’t like. I stopped for the most part except for a week ago at a friends. My mom forced me take a random drug test or she was kicking me out, so I took it and failed and now she wants to kick me out or else she is calling the cops. Is this even legal? I pay rent every month and do house chores.

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: If you are no longer a minor, your parents do not have to continue to allow you to reside in their home. However, like any other landlord, there are appropriate legal steps that must be taken before you can be evicted from the property. These legal proceedings generally take many months and as a result of Covid can take much longer. In addition, if you were to file a Hardship Declaration, no actions could be taken until September.

In order to secure the longest time in the property or a settlement that provides you financial means to leave sooner, it would be extremely helpful for you to obtain representation by an attorney.

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