If I allow my son and his wife to live rent free in a house I own and they are now in the process of divorcing, can I evict her?

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If I allow my son and his wife to live rent free in a house I own and they are now in the process of divorcing, can I evict her?

Asked on June 13, 2012 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absolutely you can evict one or both tenants. If you have not signed a lease with either of them, and you did not charge them any monies, you might consider it a month to month rental and give her 30 days notice that you are evicting her. It will appear on possible background searches by other landlords who don't wish to rent to those who have been evicted. If they are divorcing and this is not her home, she may simply leave on her own. You may wish to speak with your son first and figure out where she is in the process of the divorce and if she is indeed moving out of her own accord.


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