[cameo11]

I'm writing out of concern for a friend. She is an adult and has always lived with her family. The father passed away several years ago and she stayed on to live with her mom.

She has always worked and always given money to her mom for general expenses. The last couple of years though the two haven't gotten along well. Nothing violent or physical, but they just don't see eye to eye on things anymore.

The mother wants her out of the apartment. My friend is willing to leave, but has asked for a few months grace. She's paying off a credit card debt - which is 85% paid off - and just wants to clear that up and then save for a few months to have money for the usual moving expenses like first and last month's rent, security, etc.

The mother refuses to give her a few months. Complicating this is her brother, who wants to move back home w/his wife and child. The apartment is rent stabilized and my friend is convinced that the two are trying to push her out so he eventually have the apartment after their mother passes on.

My question: would the courts grant the mother an eviction order in this case? And if so, would a judge enforce it?

[ebaines]

The mother has no legal obligation to provide housing for her adult daughter. So as long as the mother follows the proper procedures for evicting the daughter, yes - the court will allow it and the police will enforce it.

[twinkiedooter]

Rent controlled apartments in NYC are a rare commodity these days and the brother is doing just that - looking for a cheap place for his family to live once Granny dies. If Granny follows the eviction procedures properly the judge should grant the eviction.

What exactly would the grounds be other than they don't see eye to eye on things? Just because you don't agree may not be enough for the judge to grant the eviction but it IS worth a try to see if he would grant it. Being late with the rent or not paying the agreed rent would be a shoe in reason, but you didn't list that.