what are my legal rights to remove someone from my home?

UPDATED: Sep 30, 2022

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what are my legal rights to remove someone from my home?

I invited a woman to temporary stay in my home for a month with the understanding that she was leaving in a month to another country. She paid $430 for last month and was supposed to be out by the 9th of this month. She always comes up with lame excuses as to why she cannot leave. She still resides in my residence despite my insisting that she has to leave. I have not received any rent and she always feels that she can take the house key as she desires.

Asked on December 20, 2016 under Real Estate Law, New York


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

Answered 5 years ago | Contributor

Since this woman paid rent at one point, she is a tenant, not a guest. Accortdingly, you will need to go through a formal eviction (i.e. "unlawful detainer") in order to have her legally removed. The process starts by serving her a notice to vacate (or "quit").
Here are 2 links to sites that will help explain further:
http://nycourts.gov/courts/nyc/housing/eviction.shtml and http://nycourts.gov/courthelp/Homes/evictingTenant.shtml

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