How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Landlord-Tenant Question Here...
Roger is online now
A new question is answered every 9 seconds

Good Morning, My Mother passed away just over 3 years ago.

This answer was rated:

Good Morning,
My Mother passed away just over 3 years ago. My 2 children and I moved back in with her somewhere between 6-9 months prior to her passing. Unfortunately due to her being incapacitated, she was not able to put me and my children on the lease. I contacted the management office numerous times letting trying to let them know what the situation was and no one wanted to talk to me.
Since her passing I have been threaten with eviction and have filed an article 78 which was disposed and applled that decision which was not in my favor as well. Now I'm still dealing with housing court and they have told me there are no other legal options for me and they want me to leave or will evict me and my children. I have paid rent the whole time I have been there. I have been a good tenant. I grew up in that apartment and only returned after moving out when my Mother could not care for herself. Is there anything else I can do at this point from a legal stand point to be granted the right to stay with my children?
Thank you for your time

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. I'm very sorry for your trouble with this situation, and I understand the anxiety that accompanies a matter like this.


You've done everything that you legally could do to gain the right to assume the lease and continue living in the apartment. Because you didn't prevail in your actions, and because you were never actually the tenant of the property (didn't sign the lease), then you don't have a legal right to live there, and if the owner/landlord wants you to vacate, then you are going to have to comply.


The ONLY way you would be able to remain is if you were able to work out a deal with the landlord that would allow you to sign a new lease, If they will not agree to this, then there's no way you can legally remain there.

I'm sorry that the news isn't better, but I am trying to be honest with you about the law and how it applies to you.


Please let me know if you have any additional questions.

Roger and 2 other Landlord-Tenant Specialists are ready to help you
Hi - please let me know if you have any additional questions. If so, I'll be glad to assist you.