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I broke up with my partner of 11 years. My daughter and I…

I broke up with...

I broke up with my partner of 11 years. My daughter and I still live in a house he owns. I already told him I would move in June once my daughter finished the school year. He just served me an eviction notice. Not sure what to do

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New York

Lawyer's Assistant: What steps have you taken so far?

I just got served 10 minutes ago

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

No.. thank you

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Answered in 21 hours by:
3/17/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,734
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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You need to ignore the notice.

Your partner would need to file eviction case in Court and prevail in order to remove you from the premises.

There is no self-remedy to eviction actions in New York. This means that your partner/Landlord cannot change the locks, shut off the utilities, or throw your things out in order to force you out. Your partner/the Landlord must use the Court system to accomplish the eviction by serving you with the Summons and copy of the complaint so that you can respond and tell the Court why you should not be evicted, or in the alternative giving more time to move out especially since you have already given him notice that you would move out in June. Here is more information on the eviction process:

https://www.nycourts.gov/COURTS/nyc/housing/holdover.shtml

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,734
Experience: B.A.; M.B.A.; J.D.
Verified
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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).

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