Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am from nyc. My dad passed away. His gf refuses to leave.

I am from nyc...

I am from nyc. My dad passed away. His gf refuses to leave. The house is now in my name

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Has anything been filed or reported?

Nothing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What are my options to get her to move?

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/14/2018
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,210
Experience: Attorney with 29 years of experience.
Verified

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Ask Your Own Legal Question

Good morning. Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, whether or not she’s paying anything, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under NY law, you will then need to give a 3-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict her. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Legal Question
Customer reply replied 5 months ago
Will this process take long?

Most people don't want the eviction order on their record, so they usually leave within the 30 day notice period to avoid it. If not, the entire process should take no more than 45-60 days.

Ask Your Own Legal Question
Customer reply replied 5 months ago
Thank you

You're very welcome. It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,210
Experience: Attorney with 29 years of experience.
Verified
Richard and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,210
57,210 Satisfied Customers
Experience: Attorney with 29 years of experience.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My mom and dad owned a home, they had a daughter who had
my mom and dad owned a home, they had a daughter who had another daughter who they said they redid the will leaving the house to granddaughter upon their death. Mom died 5 years ago, dad has left the … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My mother suffered a stroke in 2008, prior to the stroke she
My mother suffered a stroke in 2008, prior to the stroke she had made a deal to sell her co-op to her granddaughter for $1.00. The deal was okay with the courts and the co-op board. At the time that m… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
domestic issue between my girlfriend and I. police came and
domestic issue between my girlfriend and I. police came and assessed the situation. in the heat of the moment, i approached her but that was all. she in turn, struck me several times. i responded by d… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
The nursing home my Mom was in put a $66,000 lien on her house.
The nursing home my Mom was in put a $66,000 lien on her house. Should I pay the school taxes? She doesn't have any money & my Dad passed away Also, I was told my brother & I are responsible for the n… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
my brother and his wife are living in a room in my dads house...my
my brother and his wife are living in a room in my dad's house...my brother was his caretaker these past few months...my dad has passed away...his house is in my name. my brother's marriage has fallen… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
My Father passed away in May of 2011 & previous to his passing
My Father passed away in May of 2011 & previous to his passing he discussed with my Brother & I that he was putting in his will his home would be left to my Brother & we were to split whaatever amount… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My mother had been taken to my brothers attorney 7yrs ago,
My mother had been taken to my brothers attorney 7yrs ago, 3 weeks after my father passed away. I was living in Fla at the time and came up to NY for his funeral. I didn't know that he had her make hi… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My Grandmother said in life she wanted my Dad to purchase her
My Grandmother said in life she wanted my Dad to purchase her house from his two sisters when she passed away. After my Grandma did pass away my two aunts (my Dad's two sisters) acknowledged they were… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
What are the Grandparents Visitation Rights in Oregon Their
What are the Grandparents Visitation Rights in Oregon? Their son was divorced about 10 years -they have a 15 year old daughter-and he recently passed away-suddenly. His ex-wife,who was not at all on g… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
Hello, My mom and dad met,she already had three kids.Then
Hello, My mom and dad met,she already had three kids.Then I was born. I am my dad's only child. He just passed away and th house that I currently live in I have lived here all my life. The deed has mo… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
i was in a relationship with a girl for roughly 8months, i
i was in a relationship with a girl for roughly 8months, i had bought a dog for us 3mo ago because we were going to move in together to an appartment. dog is fully under my name and registered in NYC … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
38 years ago my mother died @ age 42. My father then married
38 years ago my mother died @ age 42. My father then married mom's sister, my aunt. Five years later my father died and my aunt refused to give us the family articles, furniture, etc. She had each of … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
538 satisfied customers
my dad passed away and his girlfriend has been living with
my dad passed away and his girlfriend has been living with him for almost 3 years the house is legally in me and my sisters name but i want her to leave does she have any rights to stay there do i hav… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My dad is dying, he lives in NY, I live in NC. He has a ...
My dad is dying, he lives in NY, I live in NC. He has a will naming my brother and me as sole heirs, however I just found out my step mother has put all his properties and business in her name ( she w… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
My sister passed away on jan 8th, she had 4 children ...
My sister passed away on jan 8th, she had 4 children all adults, no spouse. She left all her personal possesions to me, less a few, items for her kids and grandkids. The executor has not read the will… read more
Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty
Managing Attorney
Doctoral Degree
1,032 satisfied customers
if two people share ownership of a home and a third party ...
if two people share ownership of a home and a third party gets power of attorney and a 4th person owns the morgage along with one of the two who share deed ownership in pennsylvainia who gets the righ… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
Remove executrix from title of home and establish new Will
Executrix refuses to sign off on title to home, and has lost all revisions to original Will. Executrix benefits from this. She is the granddaughter and was trusted with information. She word process o… read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 satisfied customers
my mother and I moved into a single dwelling house,shortly ...
my mother and I moved into a single dwelling house,shortly after my dad moved in with his children from a previous marriage, my mom and dad decided to get married, my dad never put his name on the hou… read more
JurisD7603
JurisD7603
Real Estate Agent
Doctoral Degree
72 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x