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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience:  Attorney experienced in all aspects of family law
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Can I have my 22 y/o daughter who has graduated from college

Resolved Question:

Can I have my 22 y/o daughter who has graduated from college and is not presently working, removed from my home legally(she has an order of protection placed on me which was served to me about 2 1/2 weeks ago) The Judge has ordered a court date for October and I don't want o feel like walking on egg shells in my own home.
Submitted: 11 months ago.
Category: Family Law
Expert:  Brandon M. replied 11 months ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. Do you own or rent the home in which your daughter resides?

Customer:

Rent

Brandon M. :

Thank you for that information. Do you have a written rental agreement with the landlord?

Customer:

No

Brandon M. :

How long have you been renting from the landlord?

Customer:

I have been living in the apartment for about 30 yrs... before I was married to my daughter's Father.... am presently divorced

Brandon M. :

For how long has your daughter been living at the residence?

Brandon M. :

For example, was she outside the residence for a period of time and just returned?

Customer:

a couple of times

Brandon M. :

When did she most recently move back into the home?

Customer:

last year

Customer:

she mostly stays and spends time at her boyfriend's home

Brandon M. :

Is your landlord renting to both you and your daughter, or just to you?

Customer:

Me

Brandon M. :

Last question (probably): does your daughter help with paying the rent?

Customer:

no

Brandon M. :

Ok, I have good news and bad news. Please allow me a moment to type out the complete answer to your question.

Customer:

ok

Brandon M. :

I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, the question of whether someone can remove an adult family member from their shared place of residence is a common one, and the answer typically depends on whether the family member either shares title to the home or is a renter in the home.

For purposes of eviction from the family home, adult children are generally legally the same as any other adult. If they own the property, or have a right of possession such as through a lease, then the adult child would generally have the right to continue living in the home. Just as you generally have the right to continue living in a home that you rent, an adult child has the right to continue living in a home that she rents. The adult child's rights are no greater or less than an other adult.

However, where an adult child does not hold title to the home and is not an actual renter or leaseholder, the adult child's right to live at her parent's residence ordinarily ends as soon as she wears out her welcome. In other words, the adult child legally is required to leave when the parent says to pack her bags and go.

So the answer to the question of whether an adult child can be removed from her parent's home is "yes".

If the child does not leave upon demand, the parent can remove the child just like they would remove a deadbeat tenant, roommate, or squatter. This is the "bad news"--although the parent may be legally in the right, the adult child still must be removed through the formal eviction process. In New York State, this is called a "holdover". A holdover is the process by which the court determines that someone does not have the legal right to continue living in the home...

Brandon M. :

The reason this is the "bad news" is that it is not an instant process. Typically, it takes around 30 days for the actual eviction to take place. It requires going through a process that includes giving notice to the adult child, filing a holdover petition to recover the possession of real property, going to court and proving that the adult child does not have the right to continue possessing the home, and then having the local law enforcement office remove the child physically from the home if they haven't vacated the premises.

Brandon M. :

Approximately where in New York is the property located?

Customer:

Queens New York

Brandon M. :

Thanks. I would like to direct you to the following website for information and links to go through the holdover process: http://nycourts.gov/courts/nyc/housing/startingholdover.shtml

Brandon M. :

The website gives a good overview of what to expect. Naturally, you are welcome to ask me if you have any specific questions.

Brandon M. :

I realize that I gave a lot of information. Has all of this made sense?

Customer:

Yes, Thank you...I was just hoping that it wouldn't take that long, but I understand about the process.

Brandon M. :

Yes, as I mentioned, it's a "good news" and "bad news" situation. The good news is that the someone unlawfully occupying a residence can be evicted, but the bad news is that it typically takes a few weeks.

Brandon M. :

Did you have any other question this evening?

Customer:

No, that about answered my question.... thank you for the link....At least I would be a step ahead when I go to file for eviction

Brandon M. :

Well, it was my pleasure to help. Let me know if clarification is needed, and please feel free to leave a positive rating once you are finished (I work for ratings). Thanks.

Customer:

Your Welcome, Good night.

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience: Attorney experienced in all aspects of family law
Brandon M. and 5 other Family Law Specialists are ready to help you

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