Evicting Relative

[kl323]

What is the name of your state (only U.S. law)? NY (NYC)

Hey all,

I have a 3 family home occupied by 3 individuals. This house is owned by my brother and myself. The occupants right now are blood relatives. Due to familial issues, the owners have moved out while those 3 individuals continue to occupy the premise. They have been for the past few years. Without getting into the nitty gritty, these dysfunctional individuals managed to fly under the radar. But recent issues have made it absolutely unbearable for me to continue to allow them to live there out of the goodness of my heart. The only fees they are responsible for are utilities and internet that they use. These 3 individuals do not pay rent either (we do not require/force them to). We have no intentions of having them pay rent for many reasons.

Given the above circumstances, does the eviction process differ for me? Can I literally kick them out without having to worry about the legal proceedings? Can I remove their belongings without having to get court approval? All in all, is the eviction process different?

Thanks!

 

[Gail in Georgia]

"Given the above circumstances, does the eviction process differ for me?"

No

"Can I literally kick them out without having to worry about the legal proceedings?"

No

"Can I remove their belongings without having to get court approval?"

Only if you wish to have them consider suing you for doing so

"All in all, is the eviction process different?"

No.


Rent or no rent, they are your tenants and you must go through the eviction process as outlined by NYC.

Gail

 

[sandyclaus]

What is the name of your state (only U.S. law)? NY (NYC)

Hey all,

I have a 3 family home occupied by 3 individuals. This house is owned by my brother and myself. The occupants right now are blood relatives. Due to familial issues, the owners have moved out while those 3 individuals continue to occupy the premise. They have been for the past few years. Without getting into the nitty gritty, these dysfunctional individuals managed to fly under the radar. But recent issues have made it absolutely unbearable for me to continue to allow them to live there out of the goodness of my heart. The only fees they are responsible for are utilities and internet that they use. These 3 individuals do not pay rent either (we do not require/force them to). We have no intentions of having them pay rent for many reasons.

Given the above circumstances, does the eviction process differ for me? Can I literally kick them out without having to worry about the legal proceedings? Can I remove their belongings without having to get court approval? All in all, is the eviction process different?

Thanks!

If you think that the eviction process differs because these people are relatives, you would be wrong. They are still your tenants, and you must evict them using the proper eviction process as prescribed by law.

Start with a 30-day notice to terminate their tenancy. If they refuse to comply, then you will have to file for eviction with the courts, and obtain a court order that requires them to vacate.

You are NOT allowed to just kick them out and toss their things to the curb. In 1983, New York City enacted the Illegal Eviction Law, which makes it a crime for any person to evict or attempt to evict a tenant without a court order. Conduct prohibited under the statute includes the threat of force, disruption of essential services, removal of an occupant's possessions, damaging the door to the apartment or building, or any other conduct intended to cause an occupant to move out. Because it's a crime, the tenant's remedy is to complain to the police. They wouldn't have to bring a court proceeding, and the police will treat it like any criminal complaint - including arresting you for doing it.

 

[kl323]

Thanks for the information.

My uncertainty stems from the fact that these individuals do not pay rent. So I was sure if our relationship can be legally labeled as landlord/tenent.

Thanks!

 

[BL]

Thanks for the information.

My uncertainty stems from the fact that these individuals do not pay rent. So I was sure if our relationship can be legally labeled as landlord/tenent.

Thanks!

As a general rule anyone you allow to stay for over two weeks are no longer guest .

Thus making this more that a guest situation,plus they have a showing of occupancy by paying their utilities and bills.

http://www.housingnyc.com/html/resources/attygenguide.html#1

 

[Zigner]

Are ALL owners "on board" with this? If any of the owners give their permission for the relatives to continue staying, then they can stay.