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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19106
Experience:  B.A.; M.B.A.; J.D.
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I own a house in NYS with my sister and ex-husband I moved

Customer Question

I own a house in NYS with my sister and ex-husband I moved out for a job in the same city they moved my stuff out of my portion of the property and changed the locks and said they are moving a tenant in what is my recourse
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NYS
JA: Has any paperwork been filed in court? And what is your ideal outcome for the situation?
Customer: no paperwork has been filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: only that the expected tenant was to supposed to have moved in on 8/4/16 so no residency has been established
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 11 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am sorry to read about your difficulties. I am preparing my response to your post and I will post it very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

You need to file lawsuit against your sister and ex-husband. They have no right displace you-- to move your stuff out of the house that you jointly own with them. Also, they cannot rent to the Tenant without your permission. So, you can go to the property and warn the Tenant not to move in because she/he does not have your permission to do so.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 11 months ago.
where do I file the lawsuit meaning what court and can I self represent. Do you know what kind of time am I looking at to get a court date. I live in Rensselaer County.
Customer: replied 11 months ago.
I need to know where I file as time is of the essence
Expert:  Phillips Esq. replied 11 months ago.

I am so sorry for the delay in getting back to you. I was offline when you replied"

You file the lawsuit at the County/Supreme Court of 3rd Judicial District. Click here for more information.

As for timeline for the disposition of your case, you need to contact the Clerk's office. The office knows what the caseloads are and the timeline for adjudication of cases.

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