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Kicking someone Out

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Kicking someone Out

Postby finkel22 » Thu Feb 06, 2003 2:46 am

Hi, My friend lives with her boyfriend who is a mooch and they are going to break up. SHe told him he has to be out by this Friday, but she doesn't think he will move out. He is not on the lease, nor on any of the bills. Again, hes a leech...
So she wanted to know how hard will it be to kick him out if he refuses to leave? What can she do??
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Re: Kicking someone Out

Postby jot0n0 » Thu Feb 06, 2003 10:09 am

Does the boyfriend share in paying part of the rent? If he does and can document it with canceled checks or rent receipts then that would implied he is a roommate and be the basis of this argument to remain. But inferring from the post that he's a moocher, and doesn't pay any rent and doesn't have his name on the lease or utility bills, then he would be considered a houseguest and can be removed from the premises by the leaseholder. But depending on how far this get, the police may be necessary to forcefully remove him.
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Re: Kicking someone Out

Postby MikeW » Thu Feb 06, 2003 11:25 am

What John said is wrong.

If the boyfriend has been living at the premises in question for more than 30 days, he cannot simply be removed. To do so would be considered an illegal eviction, and your friend could be arrested.

Your friend has to go through the full eviction process. She has to give him 30 days written notice, on the form housing court reconizes, probably commencing on the first of the month. If the boyfriend refuses to leave when the 30 say run out, she can then file in court for an eviction. Since he's a guest, she can start the process at her will, and he has no argument to fight the eviction, so when it comes before the judge, it will very likely be granted. At that point, she can have a marshall come in and disposess him.

Now if he can't prove he's been there 30 days, she might be able to get rid of him directly. However, it take very little evidence that he's been there more than 30 day for the cop to walk away from the situation. They'll ask the neighbors, etc., and if there's any question, they'll say he can stay.

If the boyfriend has physically abuse your friend in any way, she might be able to get an order of protection (from family court?), which would have the effect of kicking him out.
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Re: Kicking someone Out

Postby Cranky Tenant » Thu Feb 06, 2003 3:35 pm

Originally posted by MikeW:
If the boyfriend has physically abuse your friend in any way, she might be able to get an order of protection (from family court?), which would have the effect of kicking him out
If there is any indication of abuse, or if it escalates into a loud arguement the police will remove th boyfriend and may issue a summons or arrest him.

In that case, he'll have to appear before a judge who can issue an order of protection preventing him from returning to the apartment unsupervised. But, orders of protection are usually only issued when there's a clear reason to believe one person may cause phoysical harm to the other.

Of course this is not to suggest your friend should create a bad situation where none exists, or file false charges,

And, I know this may sound like an illegal eviction but the criminal court works completly independently of housing court.

MikeW
Different boroughs have different ways of dealing with Domestic Violence cases. Queens and Brooklyn both have special Domestic Violence Courts. Not sure about Manhattan, Staten Island, or the Bronx.

<small>[ February 06, 2003, 02:42 PM: Message edited by: Cranky Tenant ]</small>
I'm a cranky tenant NOT a cranky lawyer.
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Re: Kicking someone Out

Postby sabrina » Fri Feb 07, 2003 11:32 am

I thought only landlords could formally evict people from an apartment. It is called landlord-tenant court for a reason. This isn't even a roommate situation. They are living together because he moved in with her. He has been nothing more than a long term houseguest unless your friend added his name to the lease. The boyfriend did not rent a room in your friend's apartment so there is no landlord-tenant relationship.

I have yet to read about a husband or wife taking a spouse to housing court to get them out of the home.

I think your friend can change the locks and pack the guys stuff up with impunity.
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Re: Kicking someone Out

Postby HAJ77 » Fri Feb 07, 2003 12:58 pm

It's called HOUSING COURT.

When your name is the only name on the lease and you take a roommate (paying or not) then you become that persons de facto landlord, which binds you to all the wonders of the law when trying to remove that person.

I've heard about divorce settlements that stipulate which party retains the regulated apartment.
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Re: Kicking someone Out

Postby sabrina » Sun Feb 09, 2003 6:38 am

Where can I find info about de facto landords?

I just read about "Licensee Proceedings" which are designed to get rid of a roommate, a paying tenant.

Doesn't a person have to prove that she/he lives in an apartment, such as having a utility bill? It is hard to believe that you would need to formally evict a houseguest who you never asked to pay rent.

<small>[ February 09, 2003, 05:40 AM: Message edited by: sabrina ]</small>
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Re: Kicking someone Out

Postby finkel22 » Tue Feb 11, 2003 10:48 pm

He doesn't contribute to any of the rent...
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Re: Kicking someone Out

Postby ari617 » Wed Feb 12, 2003 2:26 am

First of all, all the boyfriend needs to do is prove that he has lived there for 30 days or more...be it ONE (1) piece of mail with his name & address on it. That is all it takes.
Is she the sole tenant on the lease? If so, she can bring in one roomate (her boyfriend)...@ which time she becomes his landlord. It is now officially out of HER landlord's hands. She must make the move to evict him. It does not matter what issues she has with him & takes those to her landlord....she is responsible for his removal.
There is a strict protocol regarding his eviction (which could take up to two months "after" she officially evicts him on March 1st)......she is in for a bit of a haul.........
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Re: Kicking someone Out

Postby ari617 » Wed Feb 12, 2003 2:31 am

BTW....please do not listen to Sabrina....changing the locks will only give more fuel to the boyfriend's case. If you willingly allowed him to move things in, then attempt to change the locks, if he can prove he lives there (again with ONE piece of addressed mail to the residence) you have...ahem...really screwed yourself. You must let him in. Where do you receive your wisdom Sabrina?????
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Re: Kicking someone Out

Postby sabrina » Wed Feb 12, 2003 3:46 am

Unlike, ari617, I am not an attorney. What I offered was simply a suggestion based on the experiences of others that I have witnessed. If any information I give is erroneuous, I want to know what the true answer is. We are all here to learn from one another.

Amd what I have most learned ftom the various problems facing tenants is BUY YOUR OWN HOUSE AND NEVER HAVE TENANTS!!!!!!
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Re: Kicking someone Out

Postby sabrina » Wed Feb 12, 2003 3:56 am

""Where do you receive your wisdom Sabrina?????""

Is such a question really necessaary when I was only trying to help?

I know that a landlord cannot change the locks to get rid of a tenant, but as I stated in my post, I did not consider it a landlord-tenant relationship. I also said that "I think" she can change the locks to get rid of her boyfriend. I obviously did not set myself up as an authority.

One of the problems with anonymous posts is that sometimes people have no qualms about being rude or sarcastic or immature.

<small>[ February 12, 2003, 03:06 AM: Message edited by: sabrina ]</small>
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Re: Kicking someone Out

Postby DMcDonough » Tue Mar 04, 2003 7:36 pm

You can't throw anyone out on the street if he or she has proof that she has lived with you for 30 days or longer, and this can be proven via the mail or eyewitness accounts, and not via bills.

It is called the 'squatter's rights' law. Even if you took a total stranger, homeless off the street, into your home and he robbed you blind after 30 days living there, you can't toss him out on the street -- you have to go to court to ask for a legal eviction.

That is the law. Remember it the next time you take someone into your house, once you take someone into your home, you are responsible, especially if your name is the only one on the lease. Don't take in friends, boyfriends or relatives unless you are sure they are going to contribute, or get out of your house within a written, agreed span of time.
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