Sidney, NY asked in Divorce, Landlord - Tenant and Family Law for New York

Q: Can the landlord that evicted tenant live in same said property dwelling that tenant is being evicted from ??

We are a couple and splitting up after 10 to 11 years , and she give me a notice to quit and says I have 90 days , and the electric bill is way behind , it says that I'm to take care got that and any future bills acquired, and she thinks that she can stay in same said house with her daughter , the whole 90 days that I have to vacate ?? This can't be possible lol

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In New York, if you both share a residence and one person wants the other to leave, it can be a complex issue. If both of you are on the lease or own the property jointly, both parties generally have equal rights to the premises. If only one of you is on the lease or is the owner, that person generally has the right to ask the other to leave.

However, if she gives you a "notice to quit," she cannot force you to leave immediately without going through the legal eviction process. Even if she starts the eviction process, you generally have rights and defenses available. If you've been living there for a long time, she can't just make you leave instantly. Consulting with an attorney in your jurisdiction can help you understand your rights and potential next steps more thoroughly.

Steven Warren Smollens agrees with this answer

1 user found this answer helpful

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

A: How is your co-tenant your landlord? Is she the tenant with a lease for the last 11 years, and you are the mere occupant? If so, your legal status may be nothing more significant than that of a Roommate. Did you pay rent to your partner and not to the landlord?

A Notice to Quit is unequivocal. It is a notification to get out by a certain date, or an eviction lawsuit will be filed for a judge to decide if you should be evicted. It is not an eviction notice, and it is not an eviction lawsuit. There are no strings attached, such as must pay for a utility bill. Roommates typically continue to live in the same household even through the eviction court lawsuit. It is an awful way to live. But the tenant is never the party to move out in such circumstances. Why would you want to force this into court if you are not a tenant? You seem confused about the facts of your relationship to the premises, as this question is significantly different from the other question you posted. You probably should consult with a local lawyer.

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.