Accepted Answer

Hello,


To remove your daughter from your house, New York law requires a judicial eviction.


You cannot legally lock her out without a court order. Regardless of whether an occupant pays rent or has a lease, New York law requires that she be treated as a tenant. A landlord who acts to "simply change the locks" or "turn off the electric" may be liable for both civil and criminal penalties.


The first step is to terminate her occupancy with the written Notice of Termination. If she fails to vacate the premises after the required notice, you will need to file an unlawful detainer action to evict her.


You can copy the forms at your local law library or purchase them on line at:
http://www.nupplegal.com/nyeviction.html


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER

Expert:	FLandNYLawyer
Pos. Feedback:	97.2 %
Accepts:
Answered:	11/5/2009

Attorney

20 years of private practice