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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 written 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 if the tenant is not in default by giving written notice of at least 30 days. If she does not leave voluntarily or if she's in default in which case the 30 day notice is not required, under NY 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!
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