Help me with an eviction in NY

NY.
I own a house with a detached guest house, my mom has been living in the guest house, we have a written agreement that she can live there forever (her name is NOT in deed as life tenent). She is a heavy drinker, has a nut for a boyfriend, who has verbally abused myself and my family, In March we asked him to NEVER come on our property again(which he hasent), My mom has left and not returned in 9 weeks, She is living with her boyfriend in the next town, all of her things however, are still in the house. How do I get her out? She has changed her address and is no longer getting mail here. Can I evict her?
Diane

If your mother gave any consideration for your promise to let her “live there forever,” then it is a valid contract and I believe she has the right to return any time she wants. About the only way I can think of that you could get her out would be if she was doing some harm to the property.

If she gave no consideration for the promise, then depending on the wording, it could be a valid gift of the lifetime right to live in the unit.

You can call the police on the boyfriend and get a restraining order to keep him off the property...

hint...she and she alone can live there.....

if she wants to live with her boyfriend she must do it elsewhere then you can evict her when she abandons the property.

hint #2 if she moves in with the boy friend gently ask her to change the addresses on her ID's, have her mail fowarded, cut off the utilities if they are in her name. that will help prove abandonment.

So she did exactly what you wanted she abandoned the property..

Happy & Lucky (response to your reply)

Happy & Lucky,
Thank you for your response.
My mom has already changed her address, she no longer gets her mail here at home. She has left all of her belongings in the home, and has only taken her clothes. She is on home oxygen and the oxygen company has been here several times trying to service her home oxygen unit (which she has taken with her), so I believe we have enough prove of abandement. I do not want an ugly lawsuit, as I have two small children and really do not want them involved, by the way to speak of this womans character...she has not called nor seen her grandchildren in weeks. We just want her out!
Thanks again. Diane

Diane:

Loku is also right..did your mother give you any money for the right to live there? Most of the time what happens is the mother sells her house then uses the money toward the down payment or purchase of the kids house, and in exchange she gets to live there forever.

Like a mother in law apartment. Then she would be entitled to live there or to be paid back most of the money.

But if she gave you nothing, and you did this out of the goodness of your heart, then evict the drunken broad.

Happy & Lucky

Happy & Lucky,
My parents (my dad has since passed away) Bought the house in 1994, mortgage in their name, my husband and I however, paid the mortgage for them for 5 years, at that time my mom was undecided if she wanted to keep the house or not and asked us if we wanted to buy it from her, she asked that we pay what was owed on the house and we did. The deed and mortgage is now in our name only. She has lived in the house for over 2 years and has never paid a penny to do so, she is responsible for her share of the water bill, again which she has not paid in over two years. So , no she never gave us any money for her to live there. We basically want her out, my feeling is she assumes that if things dont work out with the boyfriend in his house, she will just stroll back here. I guess my question is can I ask her to remove her things without having a legal battle.
Thanks again for your very quick response.
Diane Ashley

Where in NY do you live?

I dont think you will have a problem with evciting her, since you did pay her for the house, and you have paid all her expenses for the last 2 years.....

I would also check with local zoning laws to make sure once this is over that you can rent it out to the public....most communities you cant rent it out unless it passes inspection, and is on the certificate of occupancy, and is taxed at full value...thats why its called a mother in law apartment.

So time to go to the courthouse and start asking questions, its not a unique situation, but a difficult one....if you gave your mother the right to live there, then a judge might agree to that, but that means just her alone. Also that also could mean you would be able to have her pay for all utilities, and if they cut it off for her non payment, and anything got damaged, THEN you would have grounds for a total evcition.

What you do not want the judge to think, is you want to rent it out.......claiming mom is an alcoholic and might burn the place down when passed out would be a better argument.

Happy & Luchy

Thank you very much for your advise. You have shed some light on the legal aspects of my situation. Thanks Again.

You may have more trouble then you expect. From what you said, it sounds like your mother signed over the deed to the house to you in exchange for your paying off the mortgage and for the right to live in the unit for life. To me that sounds like a binding contract. Her consideration was giving up her title to the house.

I think you would be wise to get the advice of a local real estate attorney on this. As you see, it is not a simple matter.

Loku

Thank you for your input, And yes this is a difficult situation, During the 5 years that my mother owned this house, I paid over $68,000.00 in mortgage payments for her, as well as replaced an enclosed porch ($10,000.00), and a new roof ($3800.00)all while I did not have ownership of the home, so really she never just signed the house over to me. She could have sold it (like she hung over my head for 2 years) to someone else. If you have any advise, I am open to any suggestions.
Thank you,
Diane Ashley

Still, signing over title to the house was legal consideration for the agreement to let her live there for life. And that is the case, even if you had to pay more than the property was worth.

The plot thickens...

Loku,
Thanks for all the great advise, Help me again, Now the cold weather is here (upstate NY), My mother still has not been in the house...going on oh 14 weeks, I checked her propane tanks (she is responsible for utilities) they are both empty, which means no heat in her house, outcome...frozen/burst pipes. I called her propane company, they no longer have her on record as a customer.
I have telephoned an Atty here in town and am waiting for him to call back. Is this enough to get her out!
Thanks again,
Diane

I am not sure, but I think that would not be enough to get her out; however, a life tenant, such as your mother, has a duty not to preserve the property, so you would at the least, have the right to heat the place, and I think she would be liable for the cost.

On the other hand, there may be some point where a life tenant does permanently abandon the property. I’m sure that your local attorney would know more about this than I.

Loku,
Thanks again.
Like I mentioned I have contacted an Atty here in Catskill and am waiting for him to return my call.
I know there has got to be a way to just severe all ties with this MAD woman and have her come and get her stuff out. I guess she was not kidding when she said " I'm going to leave and you and your family will never see me again". Hmmmm. Maybe we can say that was her way of saying she was leaving for good!
Thanks again.
Diane Ashley

Update...get the drunk out

Update...Loku....
I have spoken to an atty here in Catskill, He advised me to send my drunken mother a letter saying " you told me you were leaving and me and my family would never see you again, We are taking that at face value, You have not been in the house for 12 weeks, We are now requesting that you remove all of your belongings from the home". I sent this letter certified RRR, Well...
Her mail was picked up and her boyfried signed for the letter...How can I know if he gives it to her? I sent it to her post office box. Any advise on our next move..I would love to hear it!
Diane