How do I go about evicting a life leasee?

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How do I go about evicting a life leasee?

My brother, sister and I, own our mom’s house. Our stepfather has life lease but he has to keep the taxes paid and keep up the maintenance on the house. He hasn’t paid the taxes in 2 years and refuses to pay $100 a month to keep the taxes paid. How can we evict him? Can we serve him with an eviction notice or would we have to talk to a lawyer?

Asked on November 15, 2017 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You appear to have a valid case here for eviction. However, remocing a "life tenant" is not something that you should attempt on your own as it is not like a standard eviction proceeding. You have "standing", that is the right to bring an action against your stepfather due to your "remainderman" interest, but how the law will categorize the matter will be something that only a local attorney can advise you on as these matters vary from state-to-state.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You appear to have a valid case here for eviction. However, remocing a "life tenant" is not something that you should attempt on your own as it is not like a standard eviction proceeding. You have "standing", that is the right to bring an action against your stepfather due to your "remainderman" interest, but how the law will categorize the matter will be something that only a local attorney can advise you on as these matters vary from state-to-state.


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