My divorced mother and father own a home together in Smithtown, NY. My
dad lives in Florida now and just my mom and my two younger brothers
still live in the house. My mom is a very sweet person but she's
highly medicated for depression and anxiety and very, very prone to
mood swings. My fiance and I are going to move in with her for a
while, probably until the end of the year to help her with the two
younger brothers and to save some money.
Here's where the legal stuff comes in. Sometimes she just starts
crying hysterically and othe times she'll randomly yell at people
around her. She's not physically abusive, but on occasion she'll do
something crazy like threaten to call the police and kick people out
of the house. So far no cops have been involved and I can calm her
down before she wakes the neighbors. But my concern is that if my
fiance and I move in to help this poor woman, one day she'll have a
mood swing and randomly tell the police we're trespassing on her
property. My younger brothers are minors so she could never do this
with them but my fiance and I are 21 yrs old so that could happen to
us. I know evecitions take weeks to go through so I'm not concerned
about her randomly evicting us, more concerned that she goes crazy and
has us arrested for trespassing.
Here's where the legal stuff gets a little more intense. My Dad in
Florida, has offered to protect us against this threat by signing a
lease for us to live there. I would love to ask my mom to sign the
lease too but she won't sign anything with my dad's signature on it
due to a bitter divorce and she would be insulted to sign a lease
anyway. Now the house is my mom and her childrens residence but they
don't use atleast one room in the house where we would be staying.
So, can my mom just go crazy one day and have my fiance and/or me
arrested for trespassing? Furthermore, would a lease to live in the
back room of the house from my father, the co owner but not resident
of the home, help in protecting us from this scenario, and can the
lease say we don't owe any rent or have substantially low rent? I'm
over there almost everyday already helping her and it would be so much
more conveint for us to live on the other side of this big and
somewhat empty house. But I need to make sure that my moms illness
can't lead to us getting arrested.
Please keep your answer on a very legal side, not an "I think you
should or shouldn't ..." answer. Please site laws and police and
court proceedings whenever possible especially ones relevant to where
she lives, Smithtown, NY in Suffolk County Long Island.
Thanks in advance! |
