Anonymous asked in Politics & GovernmentLaw & Ethics · 8 months ago

What is standard eviction of a house when you have a child in NYS?

My boyfriends roommate is in the process of being evicted for not paying rent. She has a 1 year old child who lives with her. In NYS, is it the standard 30 days to leave when you have a child?

8 Answers

  • Bort
    Lv 6
    8 months ago

    Eviction is eviction regardless of any other circumstances or situations. It's the same whether a person has a child or pets or a disability or anything. They have to be out by the date on the eviction notice. Period. There is no leniency for any reason if they've been served with an eviction notice that says they must vacate the property. They have until the date on the eviction notice to move out. If they are there past that date they will be removed by law enforcement (cops, usually the county sherrif).

  • 8 months ago

    There is no notice period once the eviction process has started. She appears in court and a judge decides if eviction is warranted or not.

    The 30 day notice is a notice by either side to the other that the tenancy is ending. When rent is unpaid, a 3-day pay or vacate notice is given, and if that is not complied with, eviction can begin.

  • 8 months ago

    Eviction process is the same, regardless of whether or not you have a child. Having a child doesnt grant you additional squatters rights.. Its on you to be a responsible adult and pay your rent to keep a roof ober your child's head.

  • 8 months ago

    Whether or not you have a child has no bearing on your eviction.

    If you mean a notice to vacate, as int he LL is telling them to leave, yes, 30 days, child does not change that.

    Actual court eviction, child also does not change that, and you'd likely have less than 30 days at that point.

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  • Eva
    Lv 7
    8 months ago

    Having a child has no effect on the eviction process.

  • 8 months ago

    Who is evicting her, your boyfriend?  If its the landlord then your boyfriend is being evicted also.  It can take months to evict someone, but the mother needs to go down to CPS and see what they can do.  And tell your boyfriend to stop rooming with people who are irresponsible losers.

  • Anonymous
    8 months ago

    The law does not specify nor give consideration if there is a child. You do not get a break for having a child in the Home. If you break the lease, you're out, period

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