If my son and his girlfriend have been living in my house for 3 months, do I need to give them notice to leave?

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If my son and his girlfriend have been living in my house for 3 months, do I need to give them notice to leave?

They had to buy their own food but because of increased utilities starting last week, they were to pay $60 a week rent. They paid last week but now are refusing to pay. I’m looking for work and can’t afford the increased expenses.

Asked on January 8, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your son and his girlfriend have been living in your home and are adults, presumably they are tenants since you wanted $60.00 rental from them per week. Since they have not paid what you have requested, I suggest that if you want the $60.00 weekly or want them to leave you either serve them with a 3 day notice to pay or quit (this gives them the chance to pay what is owed), or serve them with a written 30 day notice to terminate their tenancy.

The 30 day notice is your intent that you want them out after 30 days. If your son and his girlfriend fail to comply with any of the suggested notices, you will need to file an unlawful detainer action to evict them. For that, I suggest that you consult with a landlord tenant attorney.


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