Kicking out a non-renter? NYS

[JasonFC]

My father rents a house, hes the only one on the lease, and the only one who pays the rent. He divorced my mother more than 10 years ago, about one year ago she moved in because she had no place to go and the old man felt bad. Now, my mother is a wreck, has mental issues, and is generally ****ing nuts, she moved out like two days ago and had her boyfriend or whatever call my father and threaten to beat his ass (what?). Anyway, on to my question, the dumb bitch left a bunch of her shit at my dads place, some trooper said she had squatters rights and he couldn't toss her shit outside, I suggest he piles it into his truck and dumps it on her new front yard to be rid of the wench for good, what is he legally able to do in this situation?

 

[Outlaw99]

step 1) call the sheriff or police and ask they escort her to get her things. not sure about NY departments, but here, yes we do that.

step 2) if he doesnt allow her to get her things, because its his word and hers as to what is her property, the police will not enforce this part. they only tag along to make sure there are no problems.

step 3) hire an atty.

this is a civil matter and law enforcement will not get involved. they should however, give her an escort so she can get her things.

 

[JasonFC]

My father WANTS her to get her shit out and gone, but shes taking her sweet time. My concern is this; Is my father allowed to put her stuff in his truck, and drop it off at her new residence and be absolved of all responsibility in what happens to her person belongings, being that they are "unwantingly" stored in his legal residence?

 

[Outlaw99]

My father WANTS her to get her shit out and gone, but shes taking her sweet time. My concern is this; Is my father allowed to put her stuff in his truck, and drop it off at her new residence and be absolved of all responsibility in what happens to her person belongings, being that they are "unwantingly" stored in his legal residence?

i advise against this. something could get damaged. she could claim damage or theft. maybe your father should retain counsel. have the atty send her a strong letter. OR the tenant.

I had 3 rental properties and fortunately, never ran into this. my screening process went way above and beyond what normal people do.

 

[FordSVTFan]

My father rents a house, hes the only one on the lease, and the only one who pays the rent. He divorced my mother more than 10 years ago, about one year ago she moved in because she had no place to go and the old man felt bad. Now, my mother is a wreck, has mental issues, and is generally ****ing nuts, she moved out like two days ago and had her boyfriend or whatever call my father and threaten to beat his ass (what?). Anyway, on to my question, the dumb bitch left a bunch of her shit at my dads place, some trooper said she had squatters rights and he couldn't toss her shit outside, I suggest he piles it into his truck and dumps it on her new front yard to be rid of the wench for good, what is he legally able to do in this situation?

Common misconception is that because someone isnt on the lease and doesnt pay rent they are not a resident. Guess what? You mother is a resident. Therefore, if he wants her out he must evict her. If she willingly left he needs to advise her that she is no longer welcome back there and that she has a XX days to come get her belongings. This letter should be sent to her new residence via certified mail return receipt and regular first class mail.

step 1) call the sheriff or police and ask they escort her to get her things. not sure about NY departments, but here, yes we do that.

step 2) if he doesnt allow her to get her things, because its his word and hers as to what is her property, the police will not enforce this part. they only tag along to make sure there are no problems.

step 3) hire an atty.

this is a civil matter and law enforcement will not get involved. they should however, give her an escort so she can get her things.

Good advice.

My father WANTS her to get her shit out and gone, but shes taking her sweet time. My concern is this; Is my father allowed to put her stuff in his truck, and drop it off at her new residence and be absolved of all responsibility in what happens to her person belongings, being that they are "unwantingly" stored in his legal residence?

The simple answer is no. She must be given a reasonable amount of time to get her belongings.

Remember, no good deed goes unpunished.