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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have a problem, 18 yr. old on Friday, now is bringing one

Resolved Question:

I have a problem, 18 yr. old on Friday, now is bringing one of her friends (who is in jail) baby in our home, to watch for 10months (without our permission)!! When she turns 18, can we kick her out, and how do we legally do it?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Good grief, I am sorry to hear this. Just to be clear, she is turning 18 on Friday?
Customer: replied 6 years ago.
Yes, Nov. 5TH, 1992, is her birthday.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

Well, if you wish, you can make her a birthday present of giving her a 10 day notice to quit the premises. Below I have provided you a great handbook for how to pursue an eviction in your state. To summarize, your 18 year would be a deemed a "holdover tenant", as she is not under a lease agreement, and she does not pay rent. You have to give her 10 days notice and then if she fails to leave, take a copy of the notice to court and file a formal complaint. Then the courts will serve her with a copy of your summons and your complaint. If she fails to appear, you will get a default judgment and you will then be able to contact the sheriff who can appear and forcibly compel her off the premises.

Here is the booklet below. Information pertaining to your situation begins on page 5.

http://www.nycourts.gov/courts/nyc/housing/pdfs/Landlordbooklet.pdf


Edited by Dimitry Alexander Kaplun on 11/1/2010 at 7:55 PM EST
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