Forcing a boyfriend to leave an apartment

[Maria E Matos]

What is the name of your state?New York State. This person moved to my apartment on October 31st, 2015. He is NOT in the lease. Never payed rent or anything. Contributed with money sometimes but never consistently. Verbal agreement to pay cable, land phone and cable was not honored as agreed. He paid for several months and then stopped. Started to pay $300 per month in the summer of 2019 as a contribution. Things are not working out due to his inability to be able to share common areas responsibly. I have asked him to leave in multiple occasions but he refuses.
Relationship is finished and I cannot be obligated to be with him any longer or for him to be in my place. I need for him to leave and he refuses. What can i legally do to force him to leave. He is getting difficult and physically and emotionally aggressive (I have no evidence yet in a video). My mother and I live in this apartment, she is 77 with Alzheimer and Parkinson.

 

[Shadowbunny]

What is the name of your state?New York State. This person moved to my apartment on October 31st, 2015. He is NOT in the lease. Never payed rent or anything. Contributed with money sometimes but never consistently. Verbal agreement to pay cable, land phone and cable was not honored as agreed. He paid for several months and then stopped. Started to pay $300 per month in the summer of 2019 as a contribution. Things are not working out due to his inability to be able to share common areas responsibly. I have asked him to leave in multiple occasions but he refuses.
Relationship is finished and I cannot be obligated to be with him any longer or for him to be in my place. I need for him to leave and he refuses. What can i legally do to force him to leave. He is getting difficult and physically and emotionally aggressive (I have no evidence yet in a video). My mother and I live in this apartment, she is 77 with Alzheimer and Parkinson.

You'll need to evict him per the rules of your county.

 

[Just Blue]

What is the name of your state?New York State. This person moved to my apartment on October 31st, 2015. He is NOT in the lease. Never payed rent or anything. Contributed with money sometimes but never consistently. Verbal agreement to pay cable, land phone and cable was not honored as agreed. He paid for several months and then stopped. Started to pay $300 per month in the summer of 2019 as a contribution. Things are not working out due to his inability to be able to share common areas responsibly. I have asked him to leave in multiple occasions but he refuses.
Relationship is finished and I cannot be obligated to be with him any longer or for him to be in my place. I need for him to leave and he refuses. What can i legally do to force him to leave. He is getting difficult and physically and emotionally aggressive (I have no evidence yet in a video). My mother and I live in this apartment, she is 77 with Alzheimer and Parkinson.

Define "physically and emotionally aggressive", please.

 

[adjusterjack]

What can i legally do to force him to leave.

He's your tenant on a month to month agreement.

First you have to give him written notice that his tenancy is terminated as of a particular date. In NYC it's 30 days (232-A). Outside of NYC it's one month (232-B).

https://law.justia.com/codes/new-york/2019/rpp/article-7/232-a/

https://law.justia.com/codes/new-york/2019/rpp/article-7/232-b/

If he's not gone by the end of the notice period you file for eviction through the courts.

He is getting difficult and physically and emotionally aggressive

Physically? If he lays hands on you in a violent manner you call the police to the scene right then. You don't wait. There's nothing to think about. You report it and then take out a restraining order. That gets him out a lot faster.

 

[Bentledue]

You can file complaint on him, Police will take care of remaining.

 

[Zigner]

You can file complaint on him, Police will take care of remaining.

A "complaint" for what?

 

[Ohiogal]

You can file complaint on him, Police will take care of remaining.

Please don't post when you have no clue of the law.

 

[not2cleverRed]

You can file complaint on him, Police will take care of remaining.

Only in the movies/TV shows.

In real life, in NY state, filing a complaint is not enough.

OP has no evidence that the boyfriend committed a crime, so the police will NOT "take care of remaining" by arresting him.

OP could petition Family Court for an emergency order of protection, but the police have nothing to do with that process.

 

[LdiJ]

Only in the movies/TV shows.

In real life, in NY state, filing a complaint is not enough.

OP has no evidence that the boyfriend committed a crime, so the police will NOT "take care of remaining" by arresting him.

OP could petition Family Court for an emergency order of protection, but the police have nothing to do with that process.

Are you saying she should not call the cops if he gets physically violent? Yes, its possible that he won't get arrested, but there would then be a police report that would help with getting the restraining order.

 

[Zigner]

Are you saying she should not call the cops if he gets physically violent? Yes, its possible that he won't get arrested, but there would then be a police report that would help with getting the restraining order.

The OP used a vague term that suggested violence, but was careful to not actually state it.

ETA: Nobody is suggesting that the police not be called if he actually becomes violent.

 

[not2cleverRed]

Are you saying she should not call the cops if he gets physically violent? Yes, its possible that he won't get arrested, but there would then be a police report that would help with getting the restraining order.

I am saying that filing a complaint gives you a paper trail, but unless an actual crime is committed, the police will not do more than take a report.

In fact, even if you believe a crime has been committed against you, the police may not concur and make an arrest. They may only begrudgingly make an arrest if you insist on pressing charges, and your abuser released a few hours later without you, the victim, being notified. (Depending on where you are in NY state; not all departments are equal.)

I speak from personal experience.

The police, after you file a complaint, will not walk you through the process of how to petition for a protective order. The police will not petition for you; they will not "take care" of getting you a protective order.

 

[Ohiogal]

And if they find out it didn't happen, they can arrest the person who made the report.

 

[stealth2]

And if they find out it didn't happen, they can arrest the person who made the report.

Or if they decide it didn't happen. Based on experience in NYS.

 

[LdiJ]

I am saying that filing a complaint gives you a paper trail, but unless an actual crime is committed, the police will not do more than take a report.

In fact, even if you believe a crime has been committed against you, the police may not concur and make an arrest. They may only begrudgingly make an arrest if you insist on pressing charges, and your abuser released a few hours later without you, the victim, being notified. (Depending on where you are in NY state; not all departments are equal.)

I speak from personal experience.

The police, after you file a complaint, will not walk you through the process of how to petition for a protective order. The police will not petition for you; they will not "take care" of getting you a protective order.

I am well aware of the bolded.