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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 29291
Experience:  JA Mentor
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My son's girlfriend just had their baby. She already has a

Customer Question

my son's girlfriend just had their baby.
She already has a son with someone else, who is now is jail til 2018
Their current landlord lost the house to foreclosure, so now my son and girlfriend need to find a place.
As a temporary place, we would offer our home.
Will there be a problem getting them (him, the girlfriend and 2 children) out?
Can they claim squatter's rights?
Or can we be forced to keep them because of the single mom with 2 children?
We are trying to help but do not want this good deed to punish us.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry for your loss.

If you allow them to move in, they'll become your tenants. Without a lease, they're month-to-month tenants, even if they're not paying rent. What that means is, you can ask them to leave at any time by giving them one month's written notice (30 days in New York City). If they refuse to leave, you'll be able to go to the local landlord/tenant court and evict them. You won't be able to change the locks to force them out, but there's no defense to a properly served 30 day notice. Even though they have kids, they'll be required to leave when the time comes.

A squatter is someone who is living in your property without consent, and squatters don't gain rights until they've lived somewhere without permission for several years, so that's not something you need to worry about.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 10 months ago.

Did you have any more questions about this?

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