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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28380
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My father owned a 3 family house in Brooklyn, in which he

Customer Question

My father owned a 3 family house in Brooklyn, in which he also resided. He had a girlfriend who lived with him for the past 3 years. My father recently passed away and I am his only daughter and am inheriting this property. What rights does she have? She obviously doesn't pay any rent. Can I reposes the apartment for myself?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Good evening. I certainly understand the situation and your concern. Unless he left a will, which gave her a legal right or interest in the home, she would have nothing. The fact that they dated for 3 years and she lived there as his girlfriend, would not give her any right to stay, if you wanted her to vacate. She does reside there, so if you wanted her out, you would need to give her at least a 30 day notice / one month to vacate and then if she failed to leave, you could proceed with the eviction to have her removed. You can not use self help to get her out and ideally you would be able to agree to a date in which she will vacate.

Expert:  RealEstateAnswer replied 2 years ago.

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