If my adult child has been staying in my home since she got out of jail and she pays nothing towards any of the bills nor any rent, how can I evict her?

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If my adult child has been staying in my home since she got out of jail and she pays nothing towards any of the bills nor any rent, how can I evict her?

She says I can’t since this is her legal address.

Asked on June 30, 2015 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can evict her, or more properly "eject" her (file an ejectment action--ejectment is eviction for non-tenants). Because she is not paying rent, she is a guest, not a tenant; a guest can be asked to leave at any time, and if she won't, you can go to the courts to have her removed. (You have to do it through the courts; that's the only legal way in your state.) The fact that she uses your space as her legal address is completely and utterly irrelevant: *everyone* who is evicted uses the place they were living as their "legal address" and that fact has not stopped any evictions. However, your state offers more protections against removal than most (only NJ and maybe CA make it tougher to remove someone) and New Court's courts are complex: you are advsed to retaina an attorney to help you. The lawyer will also help by acting as a "buffer" between you and your daughter.


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