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Occupant's rights

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Occupant's rights

Postby annie » Wed Jun 26, 2002 12:39 am

A friend who is 71 years old and wheelchair bound with MS is leaving New York to try out an assisted-living facility. She is not giving up her apartment but whe wants her 25-year old unemployed foster daughter to move out because she has a record of violance and instability. My friend notified her daughter via letter that she was leaving NYC, and requested that she vacate the premises within the month. Question: What if the daughter refuses to move by the given date? Does my friend have a right to change the locks and put the foster daughter’s belongings in storage? The building’s name is Riverside Terrace at Riverside Drive West and 156th Street, where right to ownership is documented by affidavit; the foster daughter is NOT listed in the affidavit. What are the rights of the occupant and what are the owner's options?
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Re: Occupant's rights

Postby Brooklyn Babe » Wed Jun 26, 2002 10:09 pm

If the daughter has been living in the apartment for more than 30 days, she must be served with a 10 day notice to vacate. If she has been living there for more than 30 days and pays any rental monies, she must be served with a 30 day notice. If she does not leave after the notice expires then the Tenant must bring a Holdover proceeding against her. The tenant does not have the right to change locks and put out belongings, that is called an illegal eviction.
Best of Luck!
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
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