How do I go about evicting a life leasee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I go about evicting a life leasee?
My brother, sister and I, own our mom’s house. Our stepfather has life lease but he has to keep the taxes paid and keep up the maintenance on the house. He hasn’t paid the taxes in 2 years and refuses to pay $100 a month to keep the taxes paid. How can we evict him? Can we serve him with an eviction notice or would we have to talk to a lawyer?
Asked on November 15, 2017 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You appear to have a valid case here for eviction. However, remocing a "life tenant" is not something that you should attempt on your own as it is not like a standard eviction proceeding. You have "standing", that is the right to bring an action against your stepfather due to your "remainderman" interest, but how the law will categorize the matter will be something that only a local attorney can advise you on as these matters vary from state-to-state.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You appear to have a valid case here for eviction. However, remocing a "life tenant" is not something that you should attempt on your own as it is not like a standard eviction proceeding. You have "standing", that is the right to bring an action against your stepfather due to your "remainderman" interest, but how the law will categorize the matter will be something that only a local attorney can advise you on as these matters vary from state-to-state.
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 AttorneyPages.com 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.