Hi, I have a boyfriend and we’ve been together for a couple of months now, before he started our relationship he broke up with his ex which he has been living with for the past 10 years. The ex knows about me now and knows he’s in a new relationship. He asked her nicely if she can leave his apartment but she refused. So he didn’t see any other option than telling her he’ll be the one leaving. He’s been living in this apartment his whole life since he was born, so 33 years and the lease is under his mother’s name. He and his ex had a bank account together so their checks used to combine and from that account they payed their rent and the bills. Now he has a separate account and she’s not working. So he’s the only one paying the bills and the rent. But she still refuses to leave. We want to know what he can do about it, how can he get her out without having to cause a lot of problem, what rights does he have? She wants to take him to court to fight the apartment but he really wants to keep it since he grew up in it. Please help.
Dear New Manhattan Friend of a Tenant:
There is no simple solution. Your boyfriend already made on his own the worst possible move by leaving the apartment and the ex behind and in full control.
She may very well claim in a lawsuit where he seeks her eviction that he forfeited his legal interest in possession of the apartment and so is not entitled to an eviction.
More facts than you presented in your statement wait for discovery and your friend's involvement with a lawyer.
I have forty 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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