DON'T SQUAT ON ME!

While it isn't uncommon for parents to insist that their grown children move out of the family home, few actually bring a summary proceeding to recover possession. But that is precisely what happened in  Goffe v. Goffe .

Initially, Jason Goffe was given permission by his mother to stay (for one night) in his parents' home. Thereafter, Mrs. Goffe agreed to allow her son to stay "until further notice."

Faced with the prospect of a foreclosure, Mr. and Mrs. Goffe requested that Jason vacate the property. When their son refused, the Goffes filed suit, alleging that Jason entered into possession without consent and that he was a "squatter."

After trial, the District Court of Nassau County, First District, awarded the Goffes possession based on Jason's "unlawful holdover." On appeal, the Appellate Term, Second Department, reversed and dismissed the case.

A squatter proceeding is only available when an individual takes possession of space without permission. Since Jason originally entered the home with his mother's consent, a "squatter" proceeding was not maintainable and the case had to be dismissed.

While the AT2's decision was silent as to the correct eviction procedure to be utilized, before a new case could be started, the Goffes would likely need to serve a 30-day notice (predicated upon their son's status as a " tenant-at-will " or " at sufferance .")

There's something to be said for abstinence. Wouldn't you agree?

For a copy of the following Appellate Term's decision, please use this link: Goffe v. Goffe