My mother passed away 2 yrs ago and I became head of household. I have an older sister, who is not on the lease, staying with me. She has been saying she was getting an apartment but she is still here. It's been 2 yrs and she says she is looking for an apartment but I think she is lying because she goes on 3 vacations a yr with her kids. I have 2 kids and she has 3 kids and the kids need their own space.
Please specify if this is a NYCHA apartment or private landlord.
Alan J. Goldberg, Esq. is an attorney with over 25 years of experience in representing tenants in life changing multi million dollar buy out situations and defending all types of eviction proceedings. He aggressively defends Non Payment, Holdover and Ejectment eviction proceedings and actions and affirmatively asserts defenses and counterclaims. All answers herein are for general and informational purposes only. The answer to a question is not legal advice and does not establish an attorney-client relationship.
Generally there is no available landlord and tenant proceeding to evict a family member who never paid rent to live with you in the apartment. You may try to use a Licensee proceeding. Something similar to a Roommate Eviction lawsuit. See: https://www.nycourts.gov/courts/nyc/housing/roommate_diy.shtml
I have forty three years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
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