CanI be evicted when the landlord only owns half of the house and the other is a trust?

UPDATED: Sep 13, 2011

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CanI be evicted when the landlord only owns half of the house and the other is a trust?

I live in NY in the third floor of my grandmother’s home, never paid rent. She died 8 months ago, and my aunt owns half the house. Currently she is contesting the Will so everything is still in probate. She sent me a 7 day notice to quit. Can she legally do that since the house is technically only half hers and half of my grandmother’s estate?

Asked on September 13, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease for the third floor of your grandmother's home, read it in that its terms and conditions control the obligations owed to you and vice versa in the absence of conflicitng state law.

Are you a beneficiary under your grandmother's will where you might end up owning a piece of the home? Are there any other relatives other than your aunt who will end up receiving a fractionalized share of the home in the probate of the will? If so, you need to receive some documentation from them stating that you can remain in the rental.

Most importantly, try and obtain documentation from the executor of the will of your grandmother allowing your continued stay in the unit. If you receive this, you can disregard the notice sent by your aubt to quit because other "owners" or a representative of the estate would have allowed you to remain.

An empty unit poses problems as far as fire, vermin, break in and the like. It is always best to have a rental occupied.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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