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My landlord right

Valley Stream, NY |

I live in Nassau county in long island, ny. My sister, who is my tenant has decided to leave before being evicted by the sheriff and has rendered the keys...should I have something in writing to protect me down the line if something happens...I asked because I was told she can come back later on and turn around and say I wrongfully evicted her and come back to the house...please help

Attorney Answers 1


Dear if something happens?

I appreciate your concern, and you know your sister better than I do. The relationship between you and your sister, as landlord and tenant, ended as a "matter of law" upon the issuance of the warrant of eviction to the Sheriff. You could follow through on the eviction, allow for the changing of the entry door locks, and that should legally fully protect you, as the execution of the warrant of eviction, is the process where legal possession is transferred back to the landlord.

You could also prepare a receipt for your sister regarding the keys she turned over with her admission that the surrender was voluntary in light of the pending eviction, and that she holds you harmless.

If you go that way, I would recommend that you have your attorney make sure you are protected as well as you would be by the Sheriff executing the warrant of eviction.

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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I forgot to mention she lives with me in my house which is a one family home. Its not an apt

Steven Warren Smollens

Steven Warren Smollens


OK. How can you be a tenant and how can her son be a tenant in a one family home? If you have a lease for the home, you could tell the landlord to move and find her own place to live. if you are all sharing a one family home, then you cannot be a tenant of the landlord lives in the same home. A lease must convey to the tenant the entire premises (not a piece of a single premises). The house cannot be divided into a rental unit and a landlord's unit and be a one family house.



Hello Mr Smollens I've posted another through post..thank u

Steven Warren Smollens

Steven Warren Smollens


OK. I posted another answer. Bottom line, execute the warrant of eviction for an extra layer of protection in case your sister decides sometime later that giving up her interest in your home and moving out came because of a faulty legal proceeding. Good luck.

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