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I have been living with my brother since June in exchange for childcare, now he is foreclosing on his house & wants me out.

Mechanicville, NY |

I Live on S . S . I . and disability , how long would an eviction take ? He Say's I have to be out by April 1 st but I have some medical issues and not a lot of money for 1st , last and security to get a new place right now . He said his lawyer said that since no money was exchange for rent I have nothing to save me from being thrown out .

Attorney Answers 2


consult with a local landlord tenant lawyer to find out how fast they process cases in your area.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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Dear my brother wants me out?

If your brother has not served any written notice on you, he has not done anything that the law would recognize as letting you know that you have a clock running on moving.

If your relation deteriorated to the point where your brother wants to evict you, is there a reason for both of you to go through a court?

If you are a tenant, and you pay rent month to month, and your rent month begins on the first day of the month, your brother may "terminate" your tenancy by a thirty day notice that would coincide with the last day of the following month. In February a termination notice would end your monthly tenancy on March 31, 2013. After that day, if you did not move out, he could start a court case.

You may have meritorious defenses to an eviction proceeding. A face to face conference with an attorney may help determine if you are owed wages and benefits, are a tenant, an employee or some other legal occupant of the house. A lawyer may tie your brother up in court defending you as a person who may not be evicted.

Do not sell your legal rights short. See an attorney.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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