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I am the owner, and going to evict my 30 yr old son for

Customer Question
I am the owner...

I am the owner, and going to evict my 30 yr old son for abusive behavior and just wondering if I have to go thru the legal route, if he refuses to leave, in which he is

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

NY Syracuse and no I haven't as of yet

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No lease, he give me 60 bucks a week for him and his 5 yr old son, I pay for all bills including groceries and he uses my car to get to work, I get a ride to and he picks me up on my way home, he does no maintenance in the home just does his laundry and cooks and once in a while picks up after my grandson

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yeah he has become verbally abusive and threatening when something does not go his way and I have it all in txt

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
12/29/2017
Lawyer: insearchoftheanswer, Lawyer replied 6 months ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,040
Experience: Lawyer; developer/owner of RE developments.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Lawyer: insearchoftheanswer, Lawyer replied 6 months ago

Good afternoon. Unfortunately, if he will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If he does not leave voluntarily, under New York law, you will then need to give a 2-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he 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 his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if he poses any threat to your person or property, you can get a restraining order to get him 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 him 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 question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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