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Unwanted Guest (New York State)

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  • Unwanted Guest (New York State)

    How can I evict a "friend" from my apartment when I am the only name on the lease, he pays no rent or bills associated with the apartment, but he has lived in my apartment with me for 5 months? This is in New York State. Thank you.

  • #2
    re: Unwanted Guest (New York State)

    Originally posted by Sandyac View Post
    How can I evict a "friend" from my apartment when I am the only name on the lease, he pays no rent or bills associated with the apartment, but he has lived in my apartment with me for 5 months? This is in New York State. Thank you.
    Of course you can. Some "friend", anyway. Freeloader seems a better description.
    Give him a date to get out and if he does not, evict him. As a trespasser.

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    • #3
      re: Unwanted Guest (New York State)

      Originally posted by Friend In Court View Post
      Of course you can. Some "friend", anyway. Freeloader seems a better description.
      Give him a date to get out and if he does not, evict him. As a trespasser.
      Um... if he's been there for 5 months, he's not a guest, he would have established tenancy and wouldn't be considered a trespasser by that time.

      Evict, yes. But if you use the term "trespasser", that gives the impression one could simply call the police and have the unwanted person removed. That's NOT the case with a person who has managed to stay on long enough to establish residency. (Just wanted to clarify that.)
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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      • #4
        re: Unwanted Guest (New York State)

        Thanks for the clarification, Sandy. I did not mean trespasser in the legal sense. "Mooch", "deadbeat" would have been better choices. But I cannot find those in the statutes.

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        • #5
          re: Unwanted Guest (New York State)

          It appears he was taking his portion of the bill out in trade and is now measuring up short. You need to investigate the eviction laws for a month to month tenant, in your state. Likely, he will be due a 30 day notice.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

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