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I am renting a bedroom in my home to a couple. They have been…

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I am renting a bedroom...
I am renting a bedroom in my home to a couple. They have been smoking cigarettes and pot in the room even though we agreed that there would be no smoking inside. The pot smell permeates the whole house. I am 6 months pregnant and have a 3 year old. I am afraid of the effects on my children. They also reciently moved in his brother without permission. He is now getting mail here and is not paying rent. He is staying in their room with them. This is a room rental with use of kitchen and livingroom although they hardly ever use them. They have no belongings anywhere else in the home. Can I just throw them out? Do I need to give a 30 day notice and then call the police to remove them? Their brother also seems to have mental/emotional problems and I am worried about having him in my home with me and my child alone. I have found some information regarding the matter here Civil Code Section 1946.5. Is there a similar code for NY and does it apply to me? If not why? Also can I put a padlock on the door that leads into the rest of the house if they give me a problem with leaving? They would still have access to their room/belongings and bathroom but not the kitchen/livingroom or other rooms in the house as they have their own seperate entrance into their room.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 56 minutes by:
6/26/2010
Real Estate Lawyer: David L, Lawyer replied 8 years ago
David L
David L, Lawyer
Category: Real Estate Law
Satisfied Customers: 3,255
Experience: Attorney licensed in multiple jurisdictions.
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You can't just throw them out or call the police. You would need to follow the NY eviction laws. You can check with the local clerk of court in your county - they may have an eviction packet you can use with forms. Generally, you will have to give notice to the tenants and then file an eviction case in your local court.
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Customer reply replied 8 years ago
I have done a little research on my own. I was under the impression that since they are roomer/lodgers I only have to give them a written 30 day notice and if they refuse to move after the time period is up I can have them removed by the police or change the locks when they are not at home. I have given a reciept for rent but only one person is named on it at their request since they are not supposed to be living together under their programs.
Real Estate Lawyer: David L, Lawyer replied 8 years ago
Nope. They are tenants, and you will have to legally evict them through the court. You cannot change the locks, and the police will not remove them until you have a possession order from the court.
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Customer reply replied 8 years ago
What about the brother? He is here without my consent and is not paying rent. Can I have him removed as a trespasser? As far as I know I have the only piece of mail he has gotten here so far. Can I give it back to the mail carrier and tell him this person does not reside here? Can I do anything about them endangering the welfare of my son and unborn child?
Real Estate Lawyer: David L, Lawyer replied 8 years ago
My suggestion to you would be to properly notice all of them and then file an eviction against all of them. You don't want to have to defend against an improper eviction. Follow the laws and you will have no issues with affirmative defenses raised by your "tenants."
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Customer reply replied 8 years ago
Does it make a difference that we are renting the home from the owner? Is there nothing I can do about the safety of my children, such as a TRO on the brother on on either or both of the couple?
Real Estate Lawyer: David L, Lawyer replied 8 years ago

Even if you are renting from the owners, you still need to follow the eviction process. If you have safety concerns, you can also file a request for a TRO. But you should probably get the eviction process going so you can get them out as soon as possible.

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Customer reply replied 8 years ago
Are there any steps I can take if they are doing something illegal in my home or on the property such as the pot use? They also have bb guns which they shoot on the property. I am also aware that more than two people in a bedroom the size of the one they have is illegal for fire safety purposes.
Real Estate Lawyer: David L, Lawyer replied 8 years ago
You can call the police regarding illegal activity, . But if your ultimate goal is to get them out, file the eviction sooner rather than later.
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Customer reply replied 8 years ago
What is the difference between a tenant and a roomer/boarder? Is there one?
Real Estate Lawyer: David L, Lawyer replied 8 years ago
If you have someone living in your house and you want them out, the only legal way to accomplish this is to evict them. You don't have other alternatives. They are legally treated as a tenant.
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Customer reply replied 8 years ago
Relist: Incomplete answer.
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