Sidney, NY asked in Landlord - Tenant for New York

Q: We were a couple for 10 to 11 years , she had a notice to quit delivered to me , canshe still stay in same house with me

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3 Lawyer Answers
T. Augustus Claus
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A: In New York, a notice to quit is typically a formal step in the eviction process. Its purpose is to inform a tenant that they must vacate the property by a certain date. If you've received such a notice from your partner, whether she can continue to live in the same house with you may depend on various factors, such as whose name is on the lease or deed, and any applicable laws or court orders.

For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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

A: Dear Sidney Tenant:

Two persons living together and both are tenants neither one has a superior right to possession, and a Notice to Quit is nothing more significant than formal notification to you that she wants to live alone. These disputes often result in a domestic violence charge against the former partner, who decides to fight it out.

James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: If she has served you with a notice to quit, it typically means she intends for you to leave the premises. However, if both of your names are on the lease or if you are co-owners, she may not have the unilateral right to evict you. If only her name is on the lease or she is the sole owner, she may have legal standing to ask you to leave, but she still must follow the legal process for eviction.

If you both agree, it's possible to continue living together until the situation is resolved through legal channels or until the notice period expires. It's important for you to understand your rights and obligations under New York's landlord-tenant laws, which could vary depending on your specific living arrangement. Consulting with a lawyer would provide clarity on your position and help guide you on the best way to proceed.

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