I own a home in nassau county long island and my sister lives with me.she pays no rent or any utilities so there is no lease or rental aggrement..i gave her a 1month notice to move but she refused. I was inform by thr 1st dst court that Ihave to file to evict which I did and was granted the warrant for eviction..I submitted the warrant to the sheriffs and im waiting for it to take place, but she has decided to leave before they come to actually evict and has rendered the keys and has taken her belongings..I want to know if Im protected eventhough she was not evicted by the sheriff, do I need anything in writing ? Because I've heard that she can come back with no problem if she decides to and even take me to court for wrongful eviction...please help!
If you have a judgment for possession, she cannot "come back with no problem". She would be trespassing.
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4 lawyers agree
Landlord / Tenant Lawyer
Dear my right as a homeowner in Long Island?
Hello. I took an earlier version of the question expressed nearly the same information as this question, but you left out the part that the house is shared. Now, an execution of a warrant of eviction is the laws conclusion to your summary proceeding to evict your sister. The Sheriff has to perform the execution in a manner that fulfills the restoration to you of "legal possession."
I suggested that you allow the Sheriff to execute the warrant of eviction and perform the ritual of supervision of the change of the entrance door locks. You would be there with the locksmith to take the new sets of keys to the new lock and the warrant would have been executed.
I suggested that if you could obtain a written document from your sister that could protect you as well as the execution of the warrant, that you may take that route, if your attorney agrees.
I do not see how you will feel comfortable with anything less than the legal possession eviction performed by the Sheriff in executing the warrant of eviction.
Oh. A tenant lawfully evicted by court process could claim at any time before the statute of limitations expires, that the eviction properly performed was illegal if the tenant has found a way to attack the underlying summary proceeding and the predicate notice. So if you are afraid that this could happen, have the Sheriff perform his duty, and you have one less layer of "what ifs" to worry about.
This is as far as I can go in the AVVO public forum. For legal advice i a confidential setting where an attorney and client relation can exist, go to a lawyer.
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.
Family Law Attorney
What you have been told is not accurate. Once you have a warrant of eviction from the court, the fact that she leaves vountarily, instead of being forced out by the sheriff, does not mean that she can come back. Let the sheriff know she is gone so he doesn't waste his time getting there. Change the locks to your home. You never know if she made a duplicate for herself or gave someone a key. Be safe.