Legal Question in Landlord & Tenant Law in New York

My ex-stepfather refuses to move out after the divorce. He does not have a share of the house, no lease agreement and has not contributed to any rent/mortgage in the recent years. My mother has recently sold the apt (but we had it listed for half a year which we continuously asked him to move) and asked him to move out in which he stated only when he found a place. How can we evict him so we can move on?


Asked on 9/28/15, 6:40 pm

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

This is no time to be penny-wise and pound foolish-when you get a qualified buyer, do whatever it takes, regardless of the circumstances, and here, get a lawyer. Normally, Landlord/Tenant courts are one option to evict someone and these courts are courts designed to move quickly BUT, again, despite the appearance of being "user-friendly" (meaning representing oneself, known as pro se) a lawyer almost always pays off.

However, here, it seems like the best route may be, esp in this economic climate where buyers and lenders willing to lend to such buyers are hard to find, would be for an atty to see the divorce papers to know which route is best. For example, if there was a Court Order, for example, for him to move, including a Stipulation reduced to an Order, a smart move in most cases with Stipulations, have an atty file the action for violation of a court order, a serious offense.

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Answered on 9/28/15, 9:42 pm


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