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
Landlord / Tenant Lawyer
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.
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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