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I have been living with my brother in exchange for child care since June of last year, can he evict me?

Mechanicville, NY |

I am on SIS and disability , how long would it take for him to get me evicted ? ?

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Attorney answers 2


Dear can my brother evict me?

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.


Unfortunately, your brother could evict you.

As a tenant, you are entitled to the due process of law before an eviction can take place. To learn more about your rights and the eviction process, take some time to look through this tenant's rights guide published by the NYS Attorney General's Office:

You may also wish to consult this guide to summary proceedings:

This communication is intended only to provide general information. No attorney-client relationship is created.

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