Legal Question in Landlord & Tenant Law in New York

Landlord Wants to Evict Tenant's Family Member

I currently live in a rent-stablized building with my grandmother and have been living with her since I was a youngster. Until my schedule permits me to bring her home from the nursing facility that she is in for rehab, she will be there. The landlord is aware that she is there, but now he is stating that she is illegally subletting the apartment to me and wants me to move out. Eventually she will come home, but the landlord sent a notice addressed to her and myself, stating that he wants me out. My aunt handles all of her financial affairs including the rent on the apartment. My grandmother will not be able to live alone, so I will continue to live with her. Does he have legal grounds to evict me?


Asked on 11/29/05, 1:25 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Landlord Wants to Evict Tenant's Family Member

Stand firm. The landlord has no legal rights to evict you. This is an harassment.

If you need assistance, I would be happy to draft a letter to the landlord on your behalf indicating the codes and laws that protect you. This would be for no fee.

Sometimes one letter form a lawyer is sufficient to end the problem.

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Answered on 11/29/05, 1:51 pm
Steven Czik CZIK LAW PLLC

Re: Landlord Wants to Evict Tenant's Family Member

In this situation it does not appear that the landlord is within his rights to evict you and his actiond may even border on harassment. If landlord does attempt to institute summary proceedings for your eviction, from your facts you would have an excellet chance of defeating them...this area of law does happen to be one of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

The Soho Building

110 Greene Street, Suite 1102

New York, New York 10012

212.413.4462

[email protected]

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Answered on 11/29/05, 2:07 pm


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