• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Removing people from your home.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Marcus2010

Junior Member
What is the name of your state (only U.S. law)? New York

This situation is similiar to another thread, but I figured I would post it any way to see if I can get an answer.

My mother and I have allowed another family members girlfriend to stay with us. It's been about 4 years now. During that time, both of them have not paid any rent and have constantly fought, verbally and physicaly, causing disruption in the home. We've told the non relative we want her out and she has stated she will put up a fight, including bringing her family members to create more violence. We have also decided we no longer want our relative there anymore, a decision we have both gone back and forth on because the person is family, but we just can not take it anymore.

We have yet to take any legal action because we want to make sure we go about this the correct way. Any help would be appreciated. Thank you for your time.What is the name of your state (only U.S. law)?
 


seniorjudge

Senior Member
Change the locks when they're down at the game room spending their government checks.

Put their stuff on the stoop.
 

Marcus2010

Junior Member
Is that legal though? Is there anything that says somebody can't be thrown out if they've been living somewhere for a certain ammount of years? What about if they get mail there?
 

tranquility

Senior Member
While I respect SJ and also have no knowledge of NY landlord tenant law, in CA you'd have to evict.

I know we ask the state for a reason and NY may be different. But also, it seems like NY is a tenant-protective state like CA.

I'd spend a couple of hundred with an attorney to evict them. But, that's me.

I think the property/doorstep/change locks eviction is rarely appropriate.
 

nextwife

Senior Member
What I understood was that they were invited into the house several years ago, there have been family feuds, now the owners of the place want them out.

But ... what do I know.
My mother and I have allowed another family members girlfriend to stay with us. It's been about 4 years now.
The girlfriend of the family member was invited to stay. I have no idea if the family member has any rights of their own to be there.
 

Banned_Princess

Senior Member
If the family members or family members girlfriends, friends pets or strangers have been living there any amount of time, paying or not paying, you absolutely CANNOT change the locks, or remove their belongings.

you ABSOLUTELY must without a doubt evict them through the court, get the eviction, then get the sheriff come to remove them if they still stay.

This is not debatable.

Here is a link to NYC, BL has a better one, maybe if he happens along...





http://www.nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf


(thats the right one.)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top