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Hello, my name is Richard and I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.
I am sorry to hear of your difficulties. Your daughter and her husband are tenants under the law. You can evict them by issuing them a 30 day notice to terminate the rental. If they do not vacate in 30 days, you can start a legal proceeding to have them evicted. If the order to vacate is not followed, the sheriff will evict them. You can do it yourself but to avoid the inherent stress of the situation that you are already dealing with, I suggest you retain a landlord tenant attorney to handle the process for you.
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After you give the notice to vacate if they do not vacate you go to landlord tenant court to get the eviction. I am familiar with the relevant law, that is why I said your daughter and her family will be considered tenants and not just guests who you could get evicted as tresspassers if they did not leave immediately. Since they are tenants you have to go through the tenant eviction process.
Yes I am a NY lawyer and I do not know what you think a familial defence is. You own the property and you want your family members who you previously allowed to live with you to leave. As the owner, you have the right to termiante their occupancy. What is the defense you think they have?
I will opt out because when I have had occassion to evict family members no such defense was raised since being a relative does not give you the right to live with a relative be it parent or child.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
If the child is not a tenant but has lived in the premises and the parent or legal occupant who is on the lease tells the adult child to get out, they have the legal right to tell them to leave. If the adult child refuses to leave, then the parent has to file a suit for eviction against the person. The person who is staying with the relative, regardless of their claims, has no legal right to remain there if they are not on the lease and as such the court will order them out.
Even if you claim mental competence of the parent seeking the eviction, you have to actually prove it and if a medical report does not prove they are incompetent you will be evicted.
The reason there is no case law on this is these cases are very fact specific and case law is written by the appeals and supreme court and these cases do not get that far and also because a relative has no legal right to simply force themselves to live with a parent or relative when that person does not want them there regardless of the reasons.