Do I need to go to court to get my ex removed the home even if he is not on the lease?
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Do I need to go to court to get my ex removed the home even if he is not on the lease?
Asked on December 2, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, someone can only be removed from a residence by the courts. If he has been living with you as your guest (that is, you allowed him to live with you, but he did not have a lease, whether written or oral, and did not pay you rent), you would have to file a "ejectment action." However, if he was paying some rent, even if there was no written lease, he was a tenant; in that case, you can only evict him for nonpayment or, if there is no written lease, after thirty days notice terminating his tenancy (since without a written lease, he a month to month tenant).
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