Legal Question in Real Estate Law in New York
Our home in brooklyn has been sold. This was my husbands grandmothers house. It is a brown stone home. The aunt will not leave. She is not a tennant. She would be getting the money from the house as well as 5 other people. She was already given notice that if she doesnt vacat the property they will start an evection process. However we were told drom the real estate agent that they do not evect during the winter. Is this true? Also the aunt has money in accounts which my husband found. we have found homes for her on longisland to live in, but she says she has no money. The aunt is somewhat psycophranic and she does not trust anyone. We have called adult protect service to help us, they took her to a hospital to get evulated and found nothing to be wrong with her. But she lives in the brownstone with no electric. does not put her heat on and has no food. We were gonna try to become a guardian over her but because a hospital said there was nothing wrong. Would an evualter from the court think the same? She has no insurance and i feel that is why the hospital deemed nothing wrong. She does not believe the house sold because she did not get the money and we try to tell her that she has to move out first.
2 Answers from Attorneys
Q. However we were told drom the real estate agent that they do not evect during the winter. Is this true?
A. No.
Q. Would an evualter from the court think the same?
A. Maybe, maybe not. More information is needed.
Mike.
To properly respond to your query we would first need to establish exactly what her status is as a Tenant or Licensee which would then determine the type of notice she needs to be served to initiate the eviction process. As New York State law is very specific regarding 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. A small mistake can set you back months in the process. 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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