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