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  • Jul 15, 2014, 06:02 PM
    trendimusprime
    Eviction Legal Question
    I have separated from my wife and no longer live at the house we rented. Our lease ran out in 2012 and we've been month to month since then. The landlord knows I have been gone from there since February.

    The landlord is trying to evict my wife and stepdaughters from the house for nonpayment. She has named my oldest (20yr) stepdaughter in the paperwork. In addition the papers were "served" to her as well but not to my wife.

    My stepdaughter has not made any agreement with anyone at any time.

    She can't be held responsible for anything right? And serving her is meaningless since she has never made any agreement for anything right?

    I don't want her to get into any kind of trouble. Can someone help clarify this?

    UPDATE: This is in NYS state.
  • Jul 15, 2014, 07:25 PM
    Fr_Chuck
    If your wife was named on the paper work. Then it is fully legal.. Also, yes, the landlord should name as many of the adults living in the house as possible. Since they reside there, they are also part of the eviction.

    It is very possible, that yes, daughter may also be held liable for rent, since she is living there. Also, since you were on the rental, unless other rental paper work or agreement was made... you may also be held liable for any unpaid rents.
  • Jul 15, 2014, 09:02 PM
    AK lawyer
    Quote:

    ... And serving her is meaningless since she has never made any agreement for anything right? ...
    No, wrong. The point of an eviction action is to primarily get possession, and only incidentally to also get a judgment for the rent. Since the step-daughter lives there, she is being named as a defendant so as to make sure that the eviction order requires her, as well as your ex, to get out.

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