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Eviction questions
Anonymous3 views1 answers
I live in a house with my boyfriend, mother, and sister. Per the agreement my boyfriend works for the guy who used to live in the home (it's a farmhouse that's handed down to the farmhand) and we get to live here for free. Well long story short me had a falling out with the guy over disagreement as to who he tried to bring in my home and we got an eviction notice from the homeowner. We went to court and told we had 10 days to get out. My boyfriend and I received a hand typed, notorized signed letter from the homeowner stating just me and him could live here, but my sister and mother could not. It also said they were not allowed on the property under any circumstances what so ever. Is this legal to do, and does this mean I can't invite my family into my home for holidays, birthdays, etc..
Dear Rochester Tenant:
I answered another version of your question that did not mention your sister guests and living rent free. So I will add to this answer the following. Get a lease and secure your rights. Without a lease and without paying rent you have no more rights to the use of the house than the owner is willing to grant you. Without a lease and without paying rent your occupancy may be considered as a licensee and subject to a ten day notice to quit.
The simple New York rule of thumb is that a tenant without a lease has no right to tenancy longer than one month and that right depends on the tenant paying rent from month to month and the landlord accepting that payment. Either side has the right to end the relationship without need for stating any reason as long as the side choosing to end the relation provides at lease one month advance notice. If the landlord provides that notice to the tenant the tenant needs to move out. If the tenant does not move out the landlord is allowed to start a court proceeding (a summary holdover proceeding) and if successful the court enters a judgment for the landlord and a warrant to an authorized officer to conduct the eviction.
You took no time at all to describe the eviction notices you received or the court you went to or the type of lawsuit, but it sure sounds as though you lost the case.
The owner's letter to you may or may not be a a lease. Likely, the owner provided a revocable license and that would allow the owner to end the license to use the house with a ten day notice. A lease is usually a written agreement between the landlord and the tenant and must be signed by the landlord and tenant and should be for a set period and at a set rent.
Your mom picked a fight with the one person who could end your right to live in the house and the court seems to have agreed your right to live in the house ended. You really should try to show your papers to a local lawyer. There is Legal Aid in your area.
If the owner does not call off the eviction then likely you all will be evicted. If you want to become tenants offer the owner a lease. Then the owner will be stuck with your mother and sister since all residential leases in New York allow for a tenant to share the home with a roommate or member of the immediate family of the tenant, even if the landlord says no. If you and the bf are both tenants and you have a lease, Mom and sister are members of your immediate family and could live with you.
But it seems clear the owner wants an easy to end relation and so you may need a lawyer to assist you.
