Familial Exceptions to Evictions

On December 8, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Although unfortunate, there are many situations where a person may wish to evict a family member from their property.  It seems that a very common misconception exists.  It seems that most people think that if the family member is over the age of 21, they can be evicted by simple summary proceedings.  This is not the case at all.  These special cases fall under what is known in New York as the Familial Exceptions to Evictions by Summary Proceedings.  These exceptions apply to designated types of relationships which have developed over time through case law.  If the type of relative that you are attempting to evict falls within these exceptions, the eviction process changes entirely.  It is important to be aware of these exceptions before an action is commenced to avoid unnecessary delays and costs.  As always, the best way to avoid these pitfalls is to consult with an attorney before proceeding.  Please feel free to call (516) 858-2620 to speak with a Landlord Tenant Attorney.

The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY.  Contact us at (516) 858-2620 to arrange a consultation.

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