OpieRadio Logo
Compound Media Logo
Jim Norton Logo

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

Discussion in 'Off Topic Discussion' started by reddog_2711, Aug 9, 2011.

  1. reddog_2711

    reddog_2711 Registered User

    Joined:
    Jan 11, 2007
    Messages:
    1,125
    Likes Received:
    60
    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)
     
  2. Party Rooster

    Party Rooster Unleash The Beast

    Joined:
    Apr 27, 2005
    Messages:
    40,304
    Likes Received:
    7,462
    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.
     
  3. Creasy Bear

    Creasy Bear gorgeousness and gorgeousity made flesh
    Donator

    Joined:
    Mar 10, 2006
    Messages:
    47,631
    Likes Received:
    35,402
    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.
     
  4. Creasy Bear

    Creasy Bear gorgeousness and gorgeousity made flesh
    Donator

    Joined:
    Mar 10, 2006
    Messages:
    47,631
    Likes Received:
    35,402
    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
     
  5. Jef Leppard

    Jef Leppard 4/5 ths

    Joined:
    Mar 2, 2005
    Messages:
    6,779
    Likes Received:
    126
  6. reddog_2711

    reddog_2711 Registered User

    Joined:
    Jan 11, 2007
    Messages:
    1,125
    Likes Received:
    60
    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!!!!
     
  7. CousinDave

    CousinDave Registered User

    Joined:
    Dec 11, 2007
    Messages:
    25,297
    Likes Received:
    198
    How old is the guy?

    It wouldn't surprise me if NY has additional laws for seniors
     
  8. reddog_2711

    reddog_2711 Registered User

    Joined:
    Jan 11, 2007
    Messages:
    1,125
    Likes Received:
    60
    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).
     
  9. Creasy Bear

    Creasy Bear gorgeousness and gorgeousity made flesh
    Donator

    Joined:
    Mar 10, 2006
    Messages:
    47,631
    Likes Received:
    35,402
    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?
     
  10. Jef Leppard

    Jef Leppard 4/5 ths

    Joined:
    Mar 2, 2005
    Messages:
    6,779
    Likes Received:
    126
    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.
     
  11. Jef Leppard

    Jef Leppard 4/5 ths

    Joined:
    Mar 2, 2005
    Messages:
    6,779
    Likes Received:
    126
    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
     
  12. Creasy Bear

    Creasy Bear gorgeousness and gorgeousity made flesh
    Donator

    Joined:
    Mar 10, 2006
    Messages:
    47,631
    Likes Received:
    35,402
    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.
     
  13. Creasy Bear

    Creasy Bear gorgeousness and gorgeousity made flesh
    Donator

    Joined:
    Mar 10, 2006
    Messages:
    47,631
    Likes Received:
    35,402
    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.
     
  14. MayrMeninoCrash

    MayrMeninoCrash Liberal Psycopath

    Joined:
    Dec 9, 2004
    Messages:
    24,053
    Likes Received:
    8,323
    All he has to do is go to court and claim the rent was just TOO DAMN HIGH!
     
  15. Creasy Bear

    Creasy Bear gorgeousness and gorgeousity made flesh
    Donator

    Joined:
    Mar 10, 2006
    Messages:
    47,631
    Likes Received:
    35,402
    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.
     
  16. Dikbag

    Dikbag Registered User

    Joined:
    Dec 11, 2004
    Messages:
    3,344
    Likes Received:
    247
    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.
     
  17. THE FEZ MAN

    THE FEZ MAN as a matter of fact i dont have 5$

    Joined:
    Aug 23, 2002
    Messages:
    40,898
    Likes Received:
    8,721
  18. Jef Leppard

    Jef Leppard 4/5 ths

    Joined:
    Mar 2, 2005
    Messages:
    6,779
    Likes Received:
    126
    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.
     
  19. Creasy Bear

    Creasy Bear gorgeousness and gorgeousity made flesh
    Donator

    Joined:
    Mar 10, 2006
    Messages:
    47,631
    Likes Received:
    35,402
    I'd clog the fuck out of her toilet before she got me out. I promise you that.
     
  20. Jef Leppard

    Jef Leppard 4/5 ths

    Joined:
    Mar 2, 2005
    Messages:
    6,779
    Likes Received:
    126
    from the first link i posted:

    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
     
  21. Creasy Bear

    Creasy Bear gorgeousness and gorgeousity made flesh
    Donator

    Joined:
    Mar 10, 2006
    Messages:
    47,631
    Likes Received:
    35,402
    Your mom should just tell him to...

    Git the fuck ouwt!

    [​IMG]
     
  22. CousinDave

    CousinDave Registered User

    Joined:
    Dec 11, 2007
    Messages:
    25,297
    Likes Received:
    198
    [video=youtube;B-n9gbn_oZg]http://www.youtube.com/watch?v=B-n9gbn_oZg[/video]
     
  23. FMDoug

    FMDoug Registered User

    Joined:
    Nov 29, 2005
    Messages:
    1,306
    Likes Received:
    0
    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.
     
  24. Ballbuster1

    Ballbuster1 Sailing into the Danger Zone...
    Wackbag Staff

    Joined:
    Aug 26, 2002
    Messages:
    101,945
    Likes Received:
    16,330
    Sneak up behind him and set off an M-80.

    He'll be DOA.
     
  25. Voss's Tumor

    Voss's Tumor Banned

    Joined:
    Jun 2, 2005
    Messages:
    15,516
    Likes Received:
    4
    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?
     

Share This Page