Law Question: Ended relationship w/ no lease or rent = eviction?

reddog_2711

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Jan 11, 2007
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#1
I'm looking for legal forms for my mother, but am stumped by her situation and need advice in case someone here knows..........

She got back together with her ex-husband 14 yrs ago (they did NOT remarry), and live in the house that she's owned outright for decades. The two of them split up a week ago (she booted his drunk ass out) and I need to make sure that she's protected from him coming back.

Now....he has no signed lease and did not pay "rent" although certain things like the phone and dish network are in his name which establishes residency.

How does she go about keeping him out? I was thinking of eviction, but that is technically for non-payment of rent, which isn't the case, so it wouldn't apply. I saw the term "tenant at suffrage", but again, he's not paying, so it wouldn't apply.

She got a quote for "eviction" from a lawyer of $1,500, but not only do I think that it would not apply, but she's 70 yrs old, and on S.S. and couldn't afford it anyways which is why I was looking for form.


Any advice would be GREATLY appreciated!!!

EDIT: Ooops......in western NY state (Rochester)
 

Party Rooster

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#2
You should prolly mention what state/county it's in. My mom and dad got back together after decades of separation. She doesn't want to kick him out, but I'd be interested to see what would happen if things go bad since it's the same situation. She owns the house, but he pays a lot of the bills.
 

Creasy Bear

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#3
No lease... his name isn't on the deed... he has NO right to demand residency or even entry into your mom's house.

No eviction necessary. Toss his shit out on the lawn, change the locks, file a restraining order. Done.

If this is NY... NY doesn't recognize "common law marriage" so that shouldn't be a problem.

Legally... it should just be like she's throwing a visitor off her property. He has no legal right to be there.

Think about it... does paying a person's phone and cable bill give you the legal right to move in with them and live rent free?

Have your mom switch any bill he was paying over into her name/credit card... cut every last tie no matter how small.
 

Creasy Bear

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#4
No lease... his name isn't on the deed... he has NO right to demand residency or even entry into your mom's house.

No eviction necessary. Toss his shit out on the lawn, change the locks, file a restraining order. Done.

If this is NY... NY doesn't recognize "common law marriage" so that shouldn't be a problem.

Legally... it should just be like she's throwing a visitor off her property. He has no legal right to be there.

Think about it... does paying a person's phone and cable bill give you the legal right to move in with them and live rent free?

Have your mom switch any bill he was paying over into her name/credit card... cut every last tie no matter how small.
He can't even claim any squatter's rights because the property has been continually occupied by the owner... your mom. Vacancy is a necessary qualifier for squatter's rights.

-oops... edited that wrong. sorry
 

reddog_2711

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#6
oandapartycock: NY here. I'll let you know how it plays out.



Three Hole Puncher: Hopefully I'm wrong, but unfortunately, I don't think it's that easy. Once someone is "Squatting", it's sometimes tough to get them off of the property. If someone does NOT have any utilities on in their name, then they're trespassing, but if they do have utilities on, it establishes residency and makes it tougher to remove them. Like I said, hopefully you're right. :)

EDIT: I just saw your post about squatters after I posted mine........great point!!!!
 

CousinDave

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#7
How old is the guy?

It wouldn't surprise me if NY has additional laws for seniors
 

reddog_2711

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#8
How old is the guy?

It wouldn't surprise me if NY has additional laws for seniors
She's 70, he's 75. Hopefully by the time I get home from work to check this thread again, the grim reaper will have paid him a visit. Just kidding (no I'm not).
 

Creasy Bear

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#9
If someone does NOT have any utilities on in their name, then they're trespassing, but if they do have utilities on, it establishes residency and makes it tougher to remove them
So... say I start dating some dopey chick who owns her own apartment, but can't scrape up the money to pay her phone and cable bill because she spends her money on shoes and healing crystals.

I agree to take over her phone and cable bill payments and I put the bill in my name, at her address.

A coupla years later she catches me banging her sister and she breaks up with me. I can now DEMAND my legal right to live in her apartment because my residency has been established by my name on a couple of utility bills?

Damn... that would be a sweet deal for me, no?
 
Mar 2, 2005
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#10
its not just utilities (i dont know shit about NY) buy any thing that establishes residency seals the deal. does he have a state id? a credit card? bank account? anything of the sort? whats the address on those? he has a right to be there and its against the law to throw his shit out and change the locks. and a senior citizen? good luck......call a lawyer.

squatters rights also requires a lot more then just sleeping there. it takes years of the "squatter" caring for and maintaining the property. i had someone try that shit on me and he was laughed at by the entire courtroom

i been thru this kinda shit a few times and i know its not easy here in a red state.
 
Mar 2, 2005
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#11
So... say I start dating some dopey chick who owns her own apartment, but can't scrape up the money to pay her phone and cable bill because she spends her money on shoes and healing crystals.

I agree to take over her phone and cable bill payments and I put the bill in my name, at her address.

A coupla years later she catches me banging her sister and she breaks up with me. I can now DEMAND my legal right to live in her apartment because my residency has been established by my name on a couple of utility bills?

Damn... that would be a sweet deal for me, no?
doesnt even have to be utilities, if you get anything thats not junkmail sent to you its your address. my exgf that i kicked out in june could still ...even now claim right to residence......if i didnt have a restraining order on her
 

Creasy Bear

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#12
its not just utilities (i dont know shit about NY) buy any thing that establishes residency seals the deal. does he have a state id? a credit card? bank account? anything of the sort? whats the address on those? he has a right to be there and its against the law to throw his shit out and change the locks. and a senior citizen? good luck......call a lawyer.

squatters rights also requires a lot more then just sleeping there. it takes years of the "squatter" caring for and maintaining the property. i had someone try that shit on me and he was laughed at by the entire courtroom

i been thru this kinda shit a few times and i know its not easy here in a red state.
Legally... I don't think the old lush has a leg to stand on... BUT... this is bleeding heart Nanny York. It wouldn't surprise me if he got up in front of some liberal lunatic bleeding heart judge, made the pissy eyes, and ended up having reddog's mom evicted right after she's ordered to sign over the deed to him.
 

Creasy Bear

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#13
She's 70, he's 75. Hopefully by the time I get home from work to check this thread again, the grim reaper will have paid him a visit. Just kidding (no I'm not).
75? Just toss the fossil down a flight of steps... ooopsy! Those clumsy old relics are always tumbling down the steps... especially the old rummys... who's going to suspect a thing?

Just get him liquored up and whoops-a-daisy! Problem solved.
 

Creasy Bear

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#15
squatters rights also requires a lot more then just sleeping there. it takes years of the "squatter" caring for and maintaining the property. i had someone try that shit on me and he was laughed at by the entire courtroom.
I'd love to hear that story sometime. I mean, you don't have to tell it right now... but when you get some time. I'll bet that tale is a real knee-slapper.
 

Dikbag

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#16
So... say I start dating some dopey chick who owns her own apartment, but can't scrape up the money to pay her phone and cable bill because she spends her money on shoes and healing crystals.

I agree to take over her phone and cable bill payments and I put the bill in my name, at her address.

A coupla years later she catches me banging her sister and she breaks up with me. I can now DEMAND my legal right to live in her apartment because my residency has been established by my name on a couple of utility bills?

Damn... that would be a sweet deal for me, no?
I'm just guessing but this "established residency' thing would only allow you to stay in the house until she takes legal action to remove you.
 
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#18
I'd love to hear that story sometime. I mean, you don't have to tell it right now... but when you get some time. I'll bet that tale is a real knee-slapper.
not a big deal. the judge was going to "grant me possession" of the house and he wanted to argue so she asked what his argument was and he yelled out "im claiming squatters rights!" everyone laughed and i mean like unprefossional laugh and the judge just said "this aint 1879, the property is ordered into possession of ol' mr. leppard"

im telling ya tho im 99% sure theres only 2 ways to get rid of the old bastard, he either goes on his own or hes court ordered.
 

Creasy Bear

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#19
I'm just guessing but this "established residency' thing would only allow you to stay in the house until she takes legal action to remove you.
I'd clog the fuck out of her toilet before she got me out. I promise you that.
 
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#20
from the first link i posted:

A tenant who is evicted from an apartment in a forcible or
unlawful manner is entitled to recover triple damages in a legal action against the landlord. Landlords in New York City
who use illegal methods to force a tenant to move are also
subject to both criminal and civil penalties. Further, the tenant
may be entitled to be restored to occupancy. RPAPL § 853;
NYC Admin. Code § 26-523, § 26-521.
give him a 30 day notice to vacate and make sure its signed, stamped, sealed and filed properly and then if hes still there file for a notice of eviction
 

Creasy Bear

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#21
Your mom should just tell him to...

Git the fuck ouwt!

 

FMDoug

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#23
First I would like to point out that you should be talking to a landlord tenant lawyer in your area.
Second I would like to point out that in the above 22 posts nobody has written anything valid.
Third, what i'm about to write does not constitute legal advice nor should it be taken as such.

I'd ask the question, where was this guy when your grandmother acquired the property. Because if he was around I'd immediately claim he has a constructive trust for the property. That's a motherfucker of a lawsuit.

There are legal authorities that go either way on your grandmother situation. Technically he may be what's called a licensee but that depends on the court decisions in your area. See RPAPL 713(7) and a lawyer in rochester. There are splits of opinion within the NY courts of whether a live in boyfriend or girlfriend can be evicted through the licensee statute. I'm not about to do the legwork on this. It basically requires a 10 day notice to quit the premises and then the commencement of a special proceeding in whatever court is allowed to hear it in fucking Rochester. There are two nice streets in Rochester. One has a bunch of great restaurants and the other is the University of Rochester. The rest of the place is a toilet.

The other way to go is if he comes back to call the cops and get a TRO against him in court. This way he can't come within whatever feet the court allows and he is out of the house. Then he'll have incentive to live somewhere else.

What are the chances of this guy coming back? that is the real question. if it's none then fuck him. Take no action and eventually change the locks.

Again, this is not legal advice. Please don't take anyone's suggestions on this message board and see a real lawyer in Rochester. I hear Cellino and Barnes calling.
 
Jun 2, 2005
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#25
I know in Texas you'd have common law marriage and homestead issues, but it doesn't seem like that exists in NY.

Good luck bro?