Friday, October 24, 2014

Landlord filed false family offense petition to evict

Q:  My 67 yo female landlord filed a false family offense petition against me in court. She is claiming that I am her ex-boyfriend who has been living with her for years. She says that when we "broke up" I moved to the basement and converted it into an illegal apt. She is also alleging that I threatened her live-in boyfriend's life. She tried to have me arrested by filing a false police report stating same. I am a 49 yo male. I do not nor have I ever had a personal relationship with this person. Her son recommended the apt to me. She is retaliating because of the apt situation. What do I do? Thank you.


A:  David's Answer:  If she filed it in Family Court, then you should retain a lawyer to file a motion to dismiss the petition. There is precedent that a mere landlord-tenant relationship is not an "intimate relationship" such that Family Court would have jurisdiction to issue an order of protection under such circumstances. Schedule a consult with a Family Law attorney in your area for more info.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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