Results 1 to 8 of 8
  1. #1

    Question Evicting Someone Living in Your House

    My question involves landlord-tenant law in the State of: Suffolk County, New York

    My sister has a year to year lease with her landlords.
    There is someone renting a room from from my sister for $600/month.
    There is no lease.
    Mrs. Landlord knows about the roommate but Mr. Landlord doesn't. (Thought I'd throw that in there in case it's relevant)
    My sister has asked the woman to move. She gave her 30 days, but not in writing (yet).

    Can my sister legally evict her on her own or does it have to be done by the Landlord?

    What about if they don't call the money "rent" and the money is just used for utilities? I read a long time ago that if the money is called "rent" it makes the receiver a "landlord" and the payer a "tenant" Does that affect who if they can be evicted and how?

    thank you for any advice.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,862

    Default Re: Evicting Someone Living in Your House

    It is a month to month tenancy. She must give on month's notice and it really needs to be in writing. Your sister is the landlord. Simply calling the rent another name doesn't change that.

    https://newyork.public.law/laws/n.y...._section_232-b

  3. #3

    Default Re: Evicting Someone Living in Your House

    Quote Quoting PayrolGuy
    View Post
    It is a month to month tenancy. She must give on month's notice and it really needs to be in writing. Your sister is the landlord. Simply calling the rent another name doesn't change that.

    https://newyork.public.law/laws/n.y...._section_232-b
    So that means my sister can evict the woman and the owner doesn't?

  4. #4
    Join Date
    Jul 2018
    Posts
    2,243

    Default Re: Evicting Someone Living in Your House

    Quote Quoting JustMe10628634
    View Post
    Can my sister legally evict her on her own or does it have to be done by the Landlord?
    The former, but she will need to give written notice.


    Quote Quoting JustMe10628634
    View Post
    What about if they don't call the money "rent" and the money is just used for utilities?
    Doesn't matter.


    Quote Quoting JustMe10628634
    View Post
    I read a long time ago that if the money is called "rent" it makes the receiver a "landlord" and the payer a "tenant" Does that affect who if they can be evicted and how?
    It's awfully difficult to comment intelligently about something you "read a long time ago" (and may not have understood and/or may not remember accurately after "a long time"). Suffice to say that slapping labels on things rarely has a substantive legal effect.

  5. #5
    Join Date
    Oct 2016
    Posts
    3,862

    Default Re: Evicting Someone Living in Your House

    Quote Quoting JustMe10628634
    View Post
    So that means my sister can evict the woman and the owner doesn't?
    That is exactly what it means.

  6. #6

    Default Re: Evicting Someone Living in Your House

    Quote Quoting pg1067
    View Post




    It's awfully difficult to comment intelligently about something you "read a long time ago" (and may not have understood and/or may not remember accurately after "a long time"). Suffice to say that slapping labels on things rarely has a substantive legal effect.
    I know exactly what I was told. (sorry, I should have used the word "told".) I guess I"ll also explain my "long time ago"....
    I remember exactly because it was in August of 2007 and I was registering my son for school. I lived in an apartment in a house that my inlaws lived in. The school needed a "landlord affidavit" to prove where we lived but it had to be from the OWNER of the house. The InLaws did not own the house. Her granddaughter and husband who live in California do. (He's in real estate, a millionaire and lives in Calabasas). The house was bought outright in full for the inlaws and the owners payed all the taxes. The inlaws and my husband and I only paid the bills. We all chipped in for the bills. There was no legal "landlord/tenant" relationship with the inlaws. The owner wrote a letter stating he was not a landlord and we were not tenants. We did not have a "landlord tenant" relationship. He owned the house and we simply lived there and payed the bills. (the landlord affidavit is for proof of residency because we had no lease).

    so I actually can "comment intelligently" because I remember it being a nightmare and it took a week for him to fax back the paper and my son started Kindergarten late.

    Quote Quoting PayrolGuy
    View Post
    That is exactly what it means.
    Thank you!!!

  7. #7
    Join Date
    Jul 2018
    Posts
    2,243

    Default Re: Evicting Someone Living in Your House

    Quote Quoting JustMe10628634
    View Post
    There was no legal "landlord/tenant" relationship with the inlaws. The owner wrote a letter stating he was not a landlord and we were not tenants. We did not have a "landlord tenant" relationship. He owned the house and we simply lived there and payed the bills. (the landlord affidavit is for proof of residency because we had no lease).

    so I actually can "comment intelligently" because I remember it being a nightmare and it took a week for him to fax back the paper and my son started Kindergarten late.
    We cannot comment intelligently on something you read or were told unless we can also read it or you tell us what you were told (which you obviously hadn't done as of the time I responded previously).

    It's worth pointing out that what you wrote originally ("I read a long time ago that if the money is called 'rent' it makes the receiver a 'landlord' and the payer a 'tenant'") is rather different from this story you told us about you and your in-laws. For starters, what you wrote in your original post was a general statement, and what you've told us now is an anecdote about a specific situation. Additionally, just because the person who owned the house didn't believe a "landlord-tenant relationship" existed doesn't mean it was a legally accurate statement. Third, and most importantly, the 12 year old situation you described has nothing at all to with the question you asked in your original post.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,115

    Default Re: Evicting Someone Living in Your House

    Quote Quoting JustMe10628634
    View Post
    I know exactly what I was told. (sorry, I should have used the word "told".) I guess I"ll also explain my "long time ago"....
    I remember exactly because it was in August of 2007 and I was registering my son for school. I lived in an apartment in a house that my inlaws lived in. The school needed a "landlord affidavit" to prove where we lived but it had to be from the OWNER of the house. The InLaws did not own the house. Her granddaughter and husband who live in California do. (He's in real estate, a millionaire and lives in Calabasas). The house was bought outright in full for the inlaws and the owners payed all the taxes. The inlaws and my husband and I only paid the bills. We all chipped in for the bills. There was no legal "landlord/tenant" relationship with the inlaws. The owner wrote a letter stating he was not a landlord and we were not tenants. We did not have a "landlord tenant" relationship. He owned the house and we simply lived there and payed the bills. (the landlord affidavit is for proof of residency because we had no lease).

    so I actually can "comment intelligently" because I remember it being a nightmare and it took a week for him to fax back the paper and my son started Kindergarten late.
    The owner of the house, in that instance, simply did not understand the law and did not realize that he was your landlord even though you were not paying him any money. In fact, if your in laws were living there first, and they let you move in, then technically they were your landlords rather than the owner of the house. Just as your sister is the landlord for her tenant, even though she is not the owner of the unit.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: Evicting an Ex Living with My Family
    By dbush in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-27-2014, 07:40 PM
  2. Eviction Process: Evicting Parents Out of House
    By light99 in forum Landlord-Tenant Law
    Replies: 24
    Last Post: 06-03-2013, 08:31 PM
  3. Grounds for Eviction: Evicting a Roommate Living in Landlord's House
    By summit in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 08-16-2012, 07:46 AM
  4. Roommates: Evicting Roomates from My House
    By brandon1977 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-12-2009, 04:06 PM
  5. Put My House In Friend's Name, Now He's Evicting Me
    By emilydelmazo in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 07-13-2008, 11:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources