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Is a court order needed for a lodger residing in a owner-occupied dwelling?

Asked Mar 3, 2012, 03:06 PM — 31 Answers
Is a court order needed for a lodger residing in a owner occupied dwelling?

31 Answers
ScottGem's Avatar
ScottGem Posts: 58,053, Reputation: 28125
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#2

Mar 3, 2012, 03:18 PM


ANY question on law needs to include your general locale as laws vary by area. I know in CA its not as long as the tenant qualifies as a lodger. But other areas do not separate lodgers from tenants.
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AK lawyer's Avatar
AK lawyer Posts: 9,920, Reputation: 4212
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#3

Mar 3, 2012, 03:20 PM
Quote:
Originally Posted by Cwp43 View Post
Is a court order needed for a lodger residing in a owner occupied dwelling?
You are asking about evicting the lodger?
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#4

Mar 3, 2012, 03:33 PM


To allow them to live there there is no court order needed. You did not ask a question
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Cwp43's Avatar
Cwp43 Posts: 11, Reputation: -1
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#5

Mar 3, 2012, 03:35 PM
Yes trying to evict a lodger in new york state
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ScottGem's Avatar
ScottGem Posts: 58,053, Reputation: 28125
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#6

Mar 3, 2012, 03:38 PM


NY State doesn't classify a lodger separately. So yes you have to evict as you would any tenant. Contact your local Housing court for the process.

For future reference, it pays to reread your question before submitting to make sure its clear and has enough info.
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Cwp43's Avatar
Cwp43 Posts: 11, Reputation: -1
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#7

Mar 3, 2012, 03:42 PM
I was told by a legal aide lawyer no court order needed to evict a lodger residing in owner occupied dwelling.is this true?i live in new york state
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Cwp43's Avatar
Cwp43 Posts: 11, Reputation: -1
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#8

Mar 3, 2012, 03:48 PM
Is a court order needed to evict an excluded occupier? New york state?
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AK lawyer's Avatar
AK lawyer Posts: 9,920, Reputation: 4212
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#9

Mar 3, 2012, 04:03 PM
Quote:
Originally Posted by Cwp43 View Post
I was told by a legal aide lawyer no court order needed to evict a lodger residing in owner occupied dwelling.is this true?i live in new york state
Eviction is a several-step process.
  1. In most if not all places (and New York is no different as far as I know), you first must give the person written notice, telling him or her to get out or be sued. Normally this is 30 days.
  2. Then, if they fail to do so, you bring them to court.

The first step in eviction of course doesn't require a court order. In the second step you would be applying for a court order. And you can, in any case, always ask them to leave. There is no law against that. If they do leave, problem solved.

The question would be whether the "lodger" qualifies as a tenant under NY law, thus requiring the second step. If no, you would be entitled to "self-help eviction", by locking them out, cutting off the power, etc. But be careful, because if you are wrong, and the wrongful ouster provisions of the landlord-tenant law in your jurisdiction apply, you could be sued and have a judgment entered against you.

If the legal aid attorney advised you that you don't need to go to court, I would be comfortable with that. But be sure you get the opinion in writing.
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Cwp43's Avatar
Cwp43 Posts: 11, Reputation: -1
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#10

Mar 3, 2012, 04:30 PM
Excluded Occupiers
You are likely to be an excluded occupier if you share living accommodation with
your landlord. If you are an excluded occupier your landlord can evict you
without having to go to court.is this true for all states?ny?i rent a room to a man in my 1 bedroom mobile home,we share a bathroom
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