Livingston Manor, NY asked in Landlord - Tenant for New York

Q: Questions about eviction

My family is trying to evict my brother from my grandmas house he does not pay rent and kinda just showed up here and claims he lives here but pays for nothing and wont leave. We have no money for a lawyer and need a eviction but cant seem to find the correct information to do so.

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Livingston Manor Family

If 'grandmother' owns the house, she is the only person authorized to use a common form for eviction in the local landlord court.

Depending on how your brother got into the house your grandmother will have to choose from two different types of Holdover Summary Proceeding.

One possible lawsuit is that your brother is a Squatter. This doesn't seem likely because if he forced his way into the house Grandmother would have called police.

The other possibility is Grandmother let him in and then let him go and come back apparently more than one time.

If that's the case Brother may be a Licensee. Grandmother ends the Licensee to remain in the house using a form of printed Notice called a ten-day notice to quit.

Since you insist that having a lawyer is not possible then the odds are that there will be a technical problem with the ten-day notice, or with the acts involved in serving the notice on your brother and when Grandmother finally has the actual court papers in front of a judge those little mistakes made along the way to getting into court will cause the eviction case to be kicked out. Realize that even lawyers can make mistakes with these types of cases because the court losses its power to evict when the papers aren't done just right.

Look up NY COURT HELP UPSTATE EVICTION PROCEEDING. Read more about the Licensee Holdover Summary Proceeding.

Check this out with your local eviction court. You may consider going out to watch some eviction proceedings take place on the court's eviction proceeding days. Likely you'll see at least a couple of lawyers handling the same or similar type of case Grandmother would have to start. You could find out how much a consultation costs or even the entire process.

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