How to remove a roommate/ex-girlfriend fromyour home?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to remove a roommate/ex-girlfriend fromyour home?

I live in my home with a woman and her 2 kids. We were a couple but that has since ended. I want her out of my house. She doesn’t have a lease. She was pushing me to hit her the other night so she can have me arrested. She pays gas, electric and cable but not rent. Can I start eviction by sending her a certified letter giving her 30 days notice or I will start eviction?

Asked on October 1, 2011 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since she pays a form of rent (and utilities count), she is considered to be a "tenant" in the eyes of the law. Accordingly, you will need to give a a 30 day notice for to vacate. If she still refuses to leave, then would you need to file what is know as an "unlawful detainer" (i.e. eviction lawsuit). Once a judge issues an order for her to vacate she must remove herself from the premises or else ()you can have the sheriff come and do it.

However, until all of this is legally resolved don't be tempted to use any self-help measures such a changing the locks or removing her things. You could find yourself on the wrong end  of a lawsuit yourself (for unlawful eviction)

This can all get as little technical, so you may want to have a local attorney who specializes in landord-tenant cases help you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption