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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45999
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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my girl friend lives with me in my house for a year and a half,

Customer Question

my girl friend lives with me in my house for a year and a half, we are not getting along and i want her to leave, does she have any legal rights ? if so what do i need to do to get her out of my house ? she has a 11 year old daughter who lives here every other week, please advise

paul bianco
brooklyn, ny
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good evening. Yes, you can get her out, but, unfortunately, you do need to go through the legal process to avoid being accused of an illegal eviction. Even though there is no lease and if a person is intended to be just a guest, after that person has been in occupancy for more than a couple of weeks, that person becomes an "at will" tenant even though paying nothing. Such a person is deemed to be a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under New York law, you will then need to give a 3-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if she poses any threat to your person or property, you can get a restraining order to get her out of the house immediately while the eviction process runs its course.



This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

thats what i was afraid of


 


thank you

Expert:  Richard replied 1 year ago.
You're welcome...I'm really sorry I couldn't deliver better news, but I wanted to make sure you knew the proper way to go about this so you didn't find your self on the wrong end of an illegal eviction charge.
Customer: replied 1 year ago.

hello,


are you 100% sure of this ? i hear diffrent things and just want to make sure, i need to know what my options are, i dont want it to get ugly


 


thank you, paul

Expert:  Richard replied 1 year ago.
Unfortunately, I'm sure. She can leave voluntarily of course, but if she doesn't, if you don't follow this procedure, you run the risk of her claiming you illegally evicted her.
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45999
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 3 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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