Q: 5-day late rent notice is undeliverable via certified mail (NY) - what other options do I have?
My family law attorney told me to seek help regarding this particular matter- it's outside the area of her expertise.
My mother, father, and grandmother (maternal) lived together for the last 30-ish years. My mom passed 3 years ago, and my father still has not moved out. The house is in my grandmother's name. The verbal agreement my grandmother and father had (once my mom passed), was my father would pay the $965.17 mortgage and my grandmother would pay all utilities, animal bills, and groceries.
The last time my father has paid $965.17 was July of this year, and refuses to pay it after being served an order of protection (not a stay-away) in August of this year. This is why we're in family court currently - his aggressive behavior towards my elderly, sickly grandmother and I.
We have started the eviction process by sending out the 5-day late rent notice via certified mail, but keeps coming back undeliverable. What do I do if the mail continues to be returned?
A:
Dear Albany Family Member:
You hire an attorney for your grandmother who knows how to do eviction proceedings.
The only obligation created by the Legislation relating to the five day letter is that it is mailed by certified mail to the tenant. There is no further obligation.
But you are not likely to succeed in a nonpayment proceeding without ability to produce a current rental agreement between your grandmother as landlord and your father as tenant. Agreeing to pay the mortgage is not the same as agreeing to pay rent.
If there were any actual rental agreement made by mouth a judge may say that it ended when your father stopped paying.
Please hire a local lawyer.
.
Tim Akpinar agrees with this answer
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.
