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Attorney & Counselor at Law
Attorney & Counselor at Law, Attorney
Category: Legal
Satisfied Customers: 850
Experience:  Corporate, Entertainment & Trial attorney with large law firm & Fortune 500 client experience.
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I am having a problem with my son-in-law who is living in my

Resolved Question:

I am having a problem with my son-in-law who is living in my house against my wishes. He vandalized my house and car and threatened me.   How do I get him out of my house?
Submitted: 5 years ago.
Category: Legal
Expert:  Attorney & Counselor at Law replied 5 years ago.
It sounds like you have a difficult situation. The best first step would be to file a police report and tell the responding officer of the threat and that your son in law is no longer allowed to live in your house. The police will be able to escort your son in law off the premises and enforce any future trespassing.

If your son in law has a lease or any other sort of right to be there, such as permission from another resident, you may have to seek a court order, know as a Disposessory order. The responding officer should be able to tell you if a disposessory order is required after investigating.

The Clerk of your local Court will be able to assist you in finding the proper forms to file for a dispossesory without an attorney. Upon filing the paperwork, the court will set a hearing within a few days and you will be able to explain to the judge why you need you son in law out of the house. The judge will then issue the order allowing your son in law to be dispossesed of the house. Again, these steps are only necessary if you son in law has a legal right to be in the house. You should explain the facts to your local police department, and they will tell you if they will need a court order to keep your son in law from trespassing.

I hope everything works out well. Good luck
Customer: replied 5 years ago.
When my daughter and son-in-law got married they had their own place. They moved in a few months ago because they had no money and no place else to go. Since then, they have taken over everything and made me frightened to be in the house with them. My daughter is 18 and her husband is 21. They have a 2 week old baby. I owe her money which I will be happy to give her on the condition that they move out and find their own place. Do you have any other suggestions?
Expert:  Attorney & Counselor at Law replied 5 years ago.
You should call the police department again and ask to speak to a commanding officer or the precinct captain. Insist that an officer be sent to your home so you can file a report.
If you had given your son in law permission to move in, he cannot be evicted without notice unless he agrees, and most state laws force the owner to give at least 30 days notice.
However, your case is different. Because of the threats and vandalism, the police may force your son in law out of the house immediately in order to protect you.
Your best source of help will be local law enforcement. They wont take you seriously unless you are persistent.Speak to a police supervisor.

Also, I think the correct court for you to contact is New York City Housing Court. They have free attorneys available that can assist. See the website

http://www.nycourts.gov/courts/nyc/housing/resourcecenter.shtml

A resource center is available at Queens County Housing Court,
89-17 Sutphin Boulevard, Room 235
Jamaica, NY 11435

There is also an organization that provides a Housing Court information line, you should call -9 a.m. to 5 p.m., Monday to Friday:(NNN) NNN-NNNN

http://www.cwtfhc.org/

Good luck
Attorney & Counselor at Law, Attorney
Category: Legal
Satisfied Customers: 850
Experience: Corporate, Entertainment & Trial attorney with large law firm & Fortune 500 client experience.
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