Legal Question in Real Estate Law in New York
My husband has changed the locks on our home that i have moved out of ( no separation or Divorce). He is letting someone live there. I would like to move back if he is not living there. can I tell this "friend" that pays no rent to leave and move back in.?
1 Answer from Attorneys
You first have to find out if the tenant has a lease. If the tenant has a written lease signed by the husband, the lease is valid during it term since your husband acted as your agent.
If the tenant does not have a written lease, you have to find out if the tenant pays rent. If the tenant pays rent, you would have to give 30 day notice and commence an eviction. If the tenant does not pay rent - you would have to still give notice, but the time limit would be shorter.
Ultimately, you are better off commencing a divorce action seeking equitable distribution of the house and income from the tenant.
Mike.
Related Questions & Answers
-
How can I add my daughter on my deed?...what do I need to do? Asked 10/08/09, 7:22 pm in United States New York Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
