Question About Eviction (ny State)
Location: New York State
My mother in law has a tenant living in a room of her house. This person was allowed to move in by her husband before he passed in January 2025. There is no legal agreement or written lease for this tenant. When my MIL husband passed, this person stopped paying rent. He also refused to vacate the home. She had spoken to a lawyer who drafted documents giving him a date to leave or, pay back rent and have an additional time to find somewhere else to live. This person did neither of those things.
Later in 2025 he went to jail for a crime. He was let out early but has been back in jail for 2 separate charges since November 2025. Her lawyer is refusing to start the eviction process while he is in jail. She has been told she cannot do anything with the room or his things. He is not scheduled to get out until summer of 2027.
Is this correct that even though he hasn’t paid rent in 1.5 years and he hasn’t physically lived in the home since November 2025 that she is stuck in limbo until he is released? We keep pushing to speak to a new lawyer but she is on a fixed income and will loose the retainer so she reluctant.
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