Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-23-2003, 10:29 PM
sub2k1
Guest
 
Posts: n/a

Illegal Eviction or not?


First off I live in New York.

Hello, I currently live in a household of 5. Of the household there are my two parents, myself (17 years of age), my sister (22 yrs old) and her boyfriend (24 years old). My question is probably very common but It needs an answer.

For the past 15 months, my sister and her boyfriend have been living in my house. It is no secret that my parents and myself want the boyfriend to go. Yet my parents nor myself are sure as to how we should remove him. There is no formal agreement (written or spoken) as to the conditions of my sister's boyfriend's living status with us. In other words, he is a freeloader.

How do we first start by removing them, legally? Outter family members tell us that we should just lock the doors one day and not let them back. My parents have given them many deadlines to be out, and they never meet their dates, they don't leave. We have notified them for the past 6 months that we want them out, but they avoid the issue and they wont do the right thing.

Does anybody have any idea as to the status of the boyfriend's residency? He hasn't filed for this house to be his mailing address, but he does receive too many calls from creditors hunting him down. Could my parents legally just tell him to get the hell out, give him 2 weeks and then lock the doors? Others say that he is legally allowed to stay in the house as long as a resident of the house says he can, so if my parents were to kick out both my sister and her boyfriend (then possibly let my sister in at a later date when the two split up), could that be legal? Is there any way to avoid court orders and such? One other issue is that, sad as it is, my father is a city cop and he is only months away from retiring, he claims he doesnt want to make a big scene because he doesn't want to get into any trouble with his job.

Please, I need help. I myself have thought about attacking him, if he hits me back, I get a restraining order against him, there is no way he could force a minor out of his own house, legally, if any orders of restraint were placed, wouldn't they favor me and force him to leave the premisis? Im very confused on the matter and I am not sure if I should call the local police and ask them their opinions, call a lawyer, or just start a war within the household and force them out.

Any ideas? Please?? Something needs to happen, this has been going on for way too long and it doesnt seem to be getting any better. The guy lives off my friggin sister's paycheck for christ sake. He has completely destroyed her credit line and her entire life has been in termoil eversince she met him. Personally, I see my sister as a traitor, and I would be glad to see her go with him. Since she is 22, my parents should be able to just tell her to leave without any problem, and once she is gone, I guess the boyfriend could be evicted without a problem seeing how no residents of the household would invite him back... He doesnt pay rent, but I don't know how squatters rights works... Thanks!
  #2  
Old 07-24-2003, 12:19 AM
Senior Member
 
Join Date: Feb 2003
Location: Oregon
Posts: 1,687
Send a message via AIM to Souix Send a message via Yahoo to Souix
You need to post this on the landlord tenant forum. Keep it brief, you are disobeying the rules.
__________________
Many receive advice, few profit by it......Publilius Syrus
  #3  
Old 07-24-2003, 12:46 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
That's the way to keep them in line.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:16 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.