Legal Question in Landlord & Tenant Law in New York

i own a home in long island , ny and have my (2) two brother in-laws who had no where to go so i allowed them to stay at my place as i felt bad but they where to find there own place as well as work . Now 5 mos later and still no job and no place so I had a big argument and told them I want them out . As I never got a penny as well i never had a lease,agreement (other then letting them stay over as described above) and bottom line what are my rights and what am I to do as i think they have done this before as the both of them said i will see you in court in 3 mos as i am not leaving now i dont want to physically fight and get in trouble so i need help and answers as to my legal rights please ??


Asked on 4/11/10, 10:56 pm

1 Answer from Attorneys

Steven Czik CZIK LAW PLLC

It appears that you have what would be considered a Licensee situation as there was no rental agreement and no rent paid. However, licensees in these situations have the same rights as tenants due in terms of the requirement that in order to evict them, they must be served with a proper notice and you must go through housing court channels and file proceedings for eviction in a very similar manner as you would for a Tenant. As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. We have handled many such cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 4/21/10, 11:30 am


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