What to do if my friend’s boyfriend moved in with her 2 weeks ago but she already realizes it was a huge mistake so has asked him to leave but he refuses?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my friend’s boyfriend moved in with her 2 weeks ago but she already realizes it was a huge mistake so has asked him to leave but he refuses?
He gave up his previous apartment. He has not paid rent or bills and my friend is the lease-holder. He has threatened to sue her. what are her options? Both parties are elderly, over 70.
Asked on October 14, 2012 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Since he's been there less than a month and hasn't paid any rent or paid for any bills, he is merely a guest not a tenant or even a formal occupant. Consequently, she can remove his things and change the locks if she wants to. In lieu of that, she could attempt to have him removed by the police as a tresspasser. However, the police are typically reluctant to take such action in these type cases; they view such things solely as a civil matter. So she may have to go the route of eviction, however first she will have to serve this man with a notice to quit. Considering his threat of a lawsuit, she may just want to go through the courts for her protection.
At this point, she should consult with a local attorney for help or contact with a tenant's rights group in her area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.