Legal Question in Landlord & Tenant Law in New York

non-tenant occupier
I and my 16 yr old daughter are living in a house that my boyfriend owns - he was arrested two days ago for assaulting me and a stay away order of protection was issued. We have another home to go to on February 1st, my question is ''will he be able to remove us from our home before that time?''

Asked on 12/31/06, 1:39 pm

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: non-tenant occupier

Under the circumstances, no.

First he would have to start an eviction proceeding and you will have to appear in court.

In order to evict you as a "licensee" he will have to serve you w/ a 10 day notice BEFORE he can file in court.

Then he will have to serve you w/ eviction and you will have to appear in court.

So, if he serves you today (doubtful), he can not serve you with eviction papers until 1/11th. Court date can not be sooner than 5 days later (16th).

Tell the Judge you AND YOUR CHILD are vacating Feb 1st and that will be the end of it.

Make 100% sure you have a place to go on the 1st. If not, ask the Judge for time to find a place.

Good Luck.

Answered on 1/01/07, 2:34 pm

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