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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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NY If an adult child resided with ageing parents, can he be

Customer Question

NY If an adult child resided with ageing parents, can he be evicted if he marries and continues to live in the parents property with new spouse if his aging parents don't like this arrangement? The adult child can prove paying some of the expenses but not all since cohabiting for the last 15 years.
Submitted: 10 months ago.
Category: Family Law
Expert:  Maverick replied 10 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 10 months ago.

Yes, if the title to the home is in the parents' name, they can give your written notice asking you to vacate the premises within 30 days and if you fail to do so, then they can file for an eviction/unlawful detainer action which will cause a sheriff to come out to the property to escort you and your belongings off the premises.

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Customer: replied 10 months ago.
They aleady have stated they would leave on July 20 in a text message. Does that already count in some way? The parent is getting agitated to have the adult child's spous' teen child still residing in one of the bedrooms and bring his friends into the home. The aging parent wants to have the room back to have his own spouse and other adult child who has since taken over their care. The main point is the forcing of the owners to not return to their home and the adult child all of a sudden claiming the parents have dementia ONLY after the new spouse dictates this and is using this as a threat to block the parent from returning for the summer. BY doing the 30 day notice, that means the elderly parent will not be able to have their spouse join them in the house with their new caregivers since two bedrooms are still occupied. The adult childs spouse claims that don't have to leave bceause they have been paying the bills there..
Expert:  Maverick replied 10 months ago.

It may be beneficial for us to do a phone call on this. Please accept the offer I have submitted and send me your phone number if you want to do that. Thank you.

Customer: replied 10 months ago.
The reason I use just answer is so I can break up my communication. I can't take notes and I won't have clarity as to what questions I need to ask because I'm mulling over the education of the topic as I get the response from the expert.. I sneak a response throughout the day. I learned that a phone consult is a one time session and not broken up in portions as the thought comes to my mind.
Expert:  Maverick replied 10 months ago.

1. Does that already count in some way?

From a legal standpoint, not really since if they do not leave as promised, you still have to file an eviction to get them out.

Customer: replied 10 months ago.
But if the adult child that married recently has lived there for 15 years, and paid bills, yet their new spouse is claiming the elderly parents have dementia or are a strain on their adult child, can that spouse force the state to remove the elderly parents on the grounds that they are sno birds? The spouse has been trying lots of strategies that are disgusting and disrespectful. Can emails be presenting to a judge at an eviction hearing? I learned that it could be sent to the supreme court for familial defense.
Expert:  Samuel II replied 10 months ago.

Hello

This is Samuel. I am a different expert since you previous one opted out. Yes, you can present your emails to the judge. But the process is they need to be given the written Notice as your prior expert explained and if they do not vacate then the parent proceed with the eviction petition in court. They can get the forms and written instructions for the forms from the clerk of the court.

A letter to vacate is imperative because the court has to see they were given the written notice and they received it. So while your emails, text may be used as evidence at the court's discretion, best practice is to mail the Notice to Vacate to them Certified Mail with a Return Receipt Requested.

Expert:  Samuel II replied 10 months ago.

As far as having the parents removed from their home, no. They own it and have every right to be there They would need to be declared incompetent by a court before they can be forced to leave. And that means the offspring, son, would need to petition the court to have them involuntarily committed.

Expert:  Samuel II replied 10 months ago.

And I suggest, that is not an easy thing to do.

Customer: replied 10 months ago.
but will the adult child 47, be able to plea familiar defense and then it would go to supreme court? i forget what thats called. They already moved out except for two rooms locked, one of which the spouse teen risides and they claim he now goes to school till next year. Before they verbally said the teen will be leaving in a few weeks. the point here is the elderly owner is being teased.
Expert:  Samuel II replied 10 months ago.

Thank you.

1 - No.

And the point is they parents have no right to leave their teen in that home and the teen can be criminally charged with elder abuse if there is teasing resulting in mental anguish.

Expert:  Samuel II replied 10 months ago.

And so you could have the police get involved and have the elderly couple tell the police the teen is there without permission, making him a trespasser, his parents have abandoned him and they can be charged and also that the kid is a brat who teases, harasses and intimidates the elderly couple to mental anguish.

Customer: replied 10 months ago.
No, the teen is polite except for not cleaning up after himself anymore so the elderly parent washes the dishes and the adult child's spouse video tapes this and is claiming elderly abuse to have the elderly owner wash dishes.
The teen drives and might be 18 now. But having the teens friends over makes the elderly parent feel irritated and disrespected.
It's a distatsteful disrespect by the spouse who feels they can plow through and dictate what's best without regard for the parents autonomy and only concerned that making decisions that benefit the spouse is the only issue of priority. But an eviction might not work if the adult child and spouse claim familial defense. That's why I'm describing the details to see if an eviction would work here.
Customer: replied 10 months ago.
That would kill the elderly parents with depression as it would feel violating.
Customer: replied 10 months ago.
The elderly parent is agitated already.
Expert:  Samuel II replied 10 months ago.

Thanks for the clarification. Of course the elderly couple can restrict the visitors and if the teen does not want to abide then evict him, too.

Customer: replied 10 months ago.
But referencing my question; an eviction might not work if the adult child and spouse claim familial defense. That's why I'm describing the details to see if an eviction would work here.
Expert:  Samuel II replied 10 months ago.

I understand. And I suggest an eviction would work, because the elderly couple are not his legal guardians. Additionally, they have a right to set rules of the house and if he is not abiding them by bringing friend in etc then he can be evicted.

Customer: replied 10 months ago.
Or if the spouse keeps on challenging their competancy and saying they have dementia where this was never addressed till the spouse was trying to prevent the elderly parents from returing to their home for the summer so on the grounds that they are accused of having dementia from some neurological reports which in my opinion could have been low electrolytes or B vitamins because they seem fine to me. They cook, they clean, they just need to be reminded to drink water and the elderly man needs some help with toiletting for a BM...and short term memory is compromised... other than that, they are fine.. Would it be thrown into supreme court for action and ejection proceeding.
Expert:  Samuel II replied 10 months ago.

As I stated, they would need to file a court proceeding to get a conservatorship appointed. That means they need two doctors to attest to the allegations of dementia. And so while it is possible, it is not easy. But it should not be considered in an eviction hearing unless a judge has ordered a conservatorship to the son and his wife.

Customer: replied 10 months ago.
a familial defense would not be granted if requested by the son and wife at the hearing simply because they do NOT have guardianship. If they are attempting to obtain this right about the same time as getting a 30 day notice, and they show up at the hearing with proof that they are filing for conveyrship or guardinship, will that cause the judge to grant the ejectioption? The adult son does not have POA anymore.....
ALSO, (can a 15day notice be sent out since the elder owner is agitated by the disrespect and loss of dignity and use the text that states their leaving was July 20 and are simply intentionally premeditating to agitate the owner?
.
Expert:  Samuel II replied 10 months ago.

What is the "familial defense" that you continue to reference? Because NY does not prevent the eviction of a family member who is at least age 18.

Under NY law only a 3 day Notice to Vacate is mandated. However, I suggest 30 days. But yes, a 15 day Notice should suffice, too.

If they show an eviction judge they are seeking guardianship, the court could continue the eviction hearing.

Customer: replied 10 months ago.
The spouse has begun to claim that they pay expenses. But that has been only a year if even that. And has locked two rooms.
Are you absolutely certain it is only a 3 day notice? Would that be a 3 day notice for each individual? So if the spouse did NOT make a reference in their text as to WHOM would be moving out,,, would it be safe to assume that the whole family would fall under that group including son, spouse and adult child of the owner?
Customer: replied 10 months ago.
Would different counties have different notice requirements? Nassau COunty specifically?
Expert:  Samuel II replied 10 months ago.

Yes. A 3 day notice to each person that is being asked to Vacate. No. You cannot assume anything. And I suggest that while the text can be admitted, it is not the best practice, as I stated before.

This is state law and counties do not have their own ordinances in this regard.

Customer: replied 10 months ago.
34;What is the "familial defense" that you continue to reference?" That is NY law. Are you not familiar with the ejection proceeding? When evictins involve family, it is a supreme court issue unless come criteria could be met which is why i am here to learn on Justanswer about evicting family? If you don't know the law regarding this topic, can you pass it on to someone who does?
Customer: replied 10 months ago.
The occupant can bring up the issue of "familial defense"
Expert:  Samuel II replied 10 months ago.

thanks. ***** will opt out but could you please provide a link on the statute on this "familial defense"? There is a right for a LL to terminate a lease early, if they need the rental for self or family. But family members do not have an affirmative defense of being family so I can sponge and live with a family member. I'd like to see that information. And I will opt out.

Customer: replied 10 months ago.
A NY landlord tenant attorney I wanted to use told me this would happen.
Customer: replied 10 months ago.
Can you delete this question from the public please