Legal Question in Landlord & Tenant Law in New York
Landlord tenant issue
My mother and father in law owned a 2 family house where their daughter and her husband lived in the tenants apartment. Their daughter passed away 3 1/2 years ago. We have asked her husband to move out for 14 months now. Everytime he gives us a date when he will move, he postpones it. This time he was supposed to be out by February 14th and now he says the end of the month. Can we change the locks and put his stuff in storage if he is not out by the 14th? He has not paid rent for the last 25 years, the house is not claimed as a 2 family on the taxes because he does not pay rent and within the last 2 years the house was signed over to my husband.
3 Answers from Attorneys
Re: Landlord tenant issue
YOU CANNOT CHANGE THE LOCKS!!! You must go through the court systme and have him properly evicted. 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.
Law Offices of
STEVEN J. CZIK, P.C.
101 Avenue of the Americas, 15th Floor
New York, New York 10013
212.413.4462
The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.
Re: Landlord tenant issue
No. You would have to start a summary proceeding for a Judgment of Possession and Warrant of Eviction.
If you attempt self-help by locking him out, turning of electricty or heat, or by moving his "stuff" out, you may be ordered by the Court to reinstate the husband, and you may be sued by the husband for damages together with "treble" damages.
Mike.
Re: Landlord tenant issue
Landlord Tenant law varies from one area to another. Generally you can't just lock someone out. In NYC it would be considered and illegal lockout and you could get in trouble. Consult a lawyer who can bring a holdover proceeding and evict him. Feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
