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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 32023
Experience:  30 years experience representing clients.
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I was wondering if I was able to kick my boyfriend out of my

Customer Question

I was wondering if I was able to kick my boyfriend out of my house with his child in the middle of the winter? I live in NY they have both lived with me for two years at this address. What are my legal options?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no at this time
Submitted: 4 months ago.
Category: Legal
Expert:  Loren replied 4 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 4 months ago.

He can be legally evicted. He has the rights of a month to month tenant. This is true whether or not he pays rent.

As a month to month tenant you can terminate his tenancy with 30 days notice. If he does not vacate within 30 days you will need to file a forcible detainer in the local court to obtain a writ of ejectment. The writ is then placed with the sheriff who will then evict him and his child. It is not illegal to evict in the winter.

Expert:  Loren replied 4 months ago.

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Thank you!

Loren

Expert:  Loren replied 4 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!