Legal Question in Family Law in New York

Removing someone from my apartment

My mother needed a stay after my fathers death in 2006. My landlord allowed her to come stay with me. Now there are problems and she has become violent. I am trying to get my brother to take her, but he won't. How do I get her out of my home?


Asked on 7/19/09, 9:54 pm

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: Removing someone from my apartment

Have you considered filing a guardianship petition for your mother?

This would allow you to put her in a home if necessary.

Patricia Martin-Gibbons

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Answered on 7/20/09, 1:28 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Removing someone from my apartment

Why is your Mom becoming violent? Maybe there is an issue with her mental being? If that is the case, you may want to petition the court to be her guardian under an Article 81 proceeding.

If her mental state is not an issue, then you would have to commence a landlord - tenant proceeding for an eviction. In a nutshell, you granted a license for her to stay with you, and not you are withdrawing that license.

Mike.

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Answered on 7/20/09, 8:36 am


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