Legal Question in Landlord & Tenant Law in New York

Mother invested money in my home to live with us

My mother sold her home and put the proceeds in my name to 1:Avoid Debtor's and 2: To invest $30,000 in my home for her to live comfortably in a basement apartment. She moved out in anger 18 months later but left her property here. I never charged her rent while living here nor did she pay any utilities. She is now asking for her money back that she invested. No agreement was signed before she moved in that we would be liable if she moved out. In fact she wrote a letter stating if she were to move out, no one (siblings or herself) could sue me for money. (not notorized) My family is angry with me as they feel I owe her money. I am angry because I took her in when the other siblings were not willing. Do I have to pay her back legally? Also, she left her property here. Do I have to keep storing her stuff in my home? She has been gone for 6 months now? Please help me by answering this question as it is causing a lot of friction in the family. This was never a landlord/tenant relationship. Our understanding was she would be with us for the rest of her life and never pay us a cent to live here. What rights do I have under these circumstances?


Asked on 10/28/07, 6:16 pm

1 Answer from Attorneys
richard feldman richard d. feldman

Re: Mother invested money in my home to live with us

She could start an action for constructive trust and get her money baack. She probably does not owe rent considering the relationship. Give her notice that she should remove her property within a reasonable amount of time

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Answered on 10/29/07, 10:53 am


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