Can my aunt kick me out of my apartment where I have lived with my mom and disabled sister for 16 years?

UPDATED: Apr 6, 2011

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Can my aunt kick me out of my apartment where I have lived with my mom and disabled sister for 16 years?

My grandmother died last year leaving her 9 family apartment building to 3 daughters. My mother is not one of them. I have been living in my mother’s apartment (that she rented from my now deceased grandmother) with my disabled sister for the last 16 years. We have no lease and I have not been paying rent due to the fact that I have been paying for my own schooling. My sister, however, has been paying my mother partial rent out of her SS benefits. I was told yesterday that we all have to leave the apartment and find somewhere else to live. In NYC.

Asked on April 6, 2011 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you don't have a lease, you are a month-to-month tenant. Either the landlord--which in this case would be the daughters owning the building--or the tenant can terminate tenancy on 30 days notice. That means that the building's owner(s) can give you a months notice that you tenancy--or occupancy--is over; if you don't leave after that, they can bring an eviction action against you. It doesn't matter how long you've lived there.

If your sister is disabled, there is a chance that she may be due some sort of accomodation--at the very least, additional time to find a new place to lease--because of her disability. You and your sister should consult with a local attorney who knows the law relating to housing for disabled persons, who can evaluate your situation in detail and advise you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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