How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36193
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

I own my home. let a friend move in to get back on his feet.

Customer Question

I own my home. let a friend move in to get back on his feet. doe not have a lease or pays anything. I am in we
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: new york
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes he has only been here for two months and does have his address at my home
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

,

I have read your comments about you letting a friend move in, but I don't see any legal question..

.

If you can post your legal question, I should be able to help..

.

.

thanks

Barrister

Customer: replied 4 months ago.
How can I get him out of my home if he wont leave?
Expert:  Barrister replied 4 months ago.

You would legally be considered his landlord and he is your tenant under a month to month tenancy agreement. So you have to give him a written one month notice to terminate his tenancy. If he doesn't move out within that period, then you can file a formal eviction action in court to get a judgment and writ that the sheriff or constable will execute to force him to leave.

.

Since he has been living there over a brief period, if you just threw him and his property out, he could call the police who would force you to return him to possession and he could also sue you for an unlawful eviction... So you don't want to have a good deed bite you even worse by violating the law yourself.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister