Full question:
Does the mother of my child, who has lived at my address, have to be registered at her legal address for insurance purposes? Also, she has voluntered to leave, and has been gone for 4 weeks with some of her belongings still in my house (which I do not own, but rent from my mother) have any rights to the property?
- Category: Landlord Tenant
- Date:
- State: National
Answer:
A person who resides in another's home without a written agreement may still be considered at tenant. Requirements for disposing of a tenant's abandoned property aren't addressed by state laws. However, local laws, which vary by local area, may impose requirements for disposing of abandoned property. I suggest calling the local police department. Typically, it is recommended to send a written notice to the tenant that if the property isn't claimed within the time period specified, it will be considered abandoned and disposed of accordingly.
The following is a NY statute:
§ 228 Real Prop. Termination of tenancies at will or by sufferance, by notice.
A tenancy at will or by sufferance, however created, may be terminated by a written notice of not less than thirty days given in behalf of the landlord, to the tenant, requiring him to remove from the premises; which notice must be served, either by delivering to the tenant or to a person of suitable age and discretion, residing upon the premises, or if neither the tenant nor such a person can be found, by affixing it upon a conspicuous part of the premises, where it may be conveniently read. At the expiration of thirty days after the service of such notice, the landlord may re-enter, maintain an action to recover possession, or proceed, in the manner prescribed by law, to remove the tenant, without further or other notice to quit.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
