Legal Question in Landlord & Tenant Law in New York

Ex-Fiancee will not leave my home

In a new home (there less than 30 days), relationship ended. House is all in my name... all with my money. She claims to have 90 days to vacate. She has a child with her. She has been living here for 1 week and does have a key. This was a new living arrangement... her first time moving in with me. What are my rights? Do I need to deal with this for 3 months? Also, can I get back the engagement ring?


Asked on 5/19/08, 2:51 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Ex-Fiancee will not leave my home

You gave her a "license" for her to live with you in the house. Although the license terminated, you would have to give her proper notice under NY RPAPL. You would then have to start an eviction proceeding - which may be complicated by the fact that she has a child with her.

The engagement ring is a gift in contemplation of marriage. Since there will be no marriage, the gift must be returned. Dreznick v. Lenchner

41 A.D.3d 769 (2007).

Mike.

Read more
Answered on 5/20/08, 8:35 am


Related Questions & Answers

More Landlord & Tenants questions and answers in New York