Legal Question in Family Law in New York
28 yr old child will not leave the house.
Our 28 yr old child moved back home two years ago ''temporarily'' and now will not leave. She went away to school in Texas when she was 18 and stayed there until she was 25. She has her BA, and is working towards her graduate degree in sociology. She works two jobs, pays no rent and refuses to pay rent. She is an extremely belligerent person and doesn't respect me or my wife. We have tried professional counseling, it has not worked. Can I use the law to remove her from the house?
2 Answers from Attorneys
Re: 28 yr old child will not leave the house.
Unfortunately I have had clients in the same position.
You have no duty to an adult child. She is subject to the same laws as everyone else.
If she never paid rent, and she refuses to leave, she may be subject to eviction under the NY RPAPL. However, you would have to give proper notice and commence a "landlord-tenant" proceeding for a warrant to enforce the eviction.
Mike.
Re: 28 yr old child will not leave the house.
Unfortunately I have had clients in the same position.
You have no duty to an adult child. She is subject to the same laws as everyone else.
If she never paid rent, and she refuses to leave, she may be subject to eviction under the NY RPAPL. However, you would have to give proper notice and commence a "landlord-tenant" proceeding for a warrant to enforce the eviction.
Mike.
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