View Full Version : How do I evict someone not on the lease in New York.
jmp721
Jul 25, 2012, 05:49 PM
Okay... I'll try to make this as short as possible. So my mom & her boyfriend are on the lease. Her boyfriend is away but he also wants these people out... Mostly just his daughters boyfriend right now. Okay so a year and a half ago my mom and her boyfriend let his daughter, Her boyfriend and her 2 babies move in FOR FREE. His daugther does help get food and fill the propane (Due to her food stamps and whatever) But since then the daughters boyfriend has not gotten a job. He does not contribute at all, pays no bills, HASN'T PAID ANYTHING SINCE HE MOVED IN THERE! etc. He just made my moms address his address to get his mail without asking. Hes a complete jerk and I personally think he's got some serious issues. He treats his girlfriend & the kids like crap, Etc, etc. Anyway my mom wants him out. Since my moms boyfriend has been gone he has gotten worse and talks very nasty to my mom & fights with her often. My mom is afraid at this point. It doesn't help that my moms boyfriends daughter is kind of an idiot and one day she's against him and wants him gone & the next day she takes his side. My mom is also scared that once she gets eviction papers or whatever she has to do he is going to trash the place or do something to her car. He also has 2 shotguns hidden in his bedroom. Which of course also scares my mom. Okay sorry for the TMI but how would my mom go about getting him out of the house. She seems to be getting a million different answers from people or no answers at all. Whoever can give me some info or a good website to help me out so I can help my mom get out of this situation THANKS!!
JudyKayTee
Jul 25, 2012, 05:55 PM
Okay...I'll try to make this as short as possible. So my mom & her bf are on the lease. Her bf is away but he also wants these people out...Mostly just his daughters bf right now. Okay so a year and a half ago my mom and her bf let his daughter, Her boyfriend and her 2 babies move in FOR FREE. His daugther does help get food and fill the propane (Due to her food stamps and whatever) But since then the daughters boyfriend has not gotten a job. He does not contribute at all, pays no bills, HASN'T PAID ANYTHING SINCE HE MOVED IN THERE! etc. He just went ahead and made my moms address his address to get his mail without asking. Hes a complete jerk and I personally think hes got some serious issues. He treats his gf & the kids like crap, Etc, etc. Anyways my mom wants him out. Since my moms boyfriend has been gone he has gotten worse and talks very nasty to my mom & fights with her often. My mom is afraid at this point. It doesn't help that my moms boyfriends daughter is kind of an idiot and one day shes against him and wants him gone & the next day she takes his side. My mom is also scared that once she gets eviction papers or whatever she has to do he is going to trash the place or do something to her car. He also has 2 shotguns hidden in his bedroom. Which of course also scares my mom. Okay sorry for the TMI but how would my mom go about getting him out of the house. She seems to be getting a million different answers from people or no answers at all. Whoever can give me some info or a good website to help me out so i can help my mom get out of this situation THANKS!!!
I'm in NY. I serve eviction papers. These people are your mother's tenants and she needs to evict them according to NY law. I'll just post it and you can take a look.
I know it doesn't seem fair because they don't pay rent and so forth - but that's the law.
I don't know why anyone is confused. What answers is she getting? ANYONE who uses your mother's address either should have been reported to the Police immediately OR became a tenant.
If there are grounds for a restraining Order the people will be ordered not to have contact with your mother - that pretty much keeps them from living there.
New York Evictions (http://www.rentlaw.com/eviction/newyorkeviction.htm)
ballengerb1
Jul 25, 2012, 05:58 PM
He may be a jerk and pays no rent but your mom has allowed him to establish residency. He has the rights of a resident and must be evicted just like a tenant paying rent. Mom must follow the laws of NY. BTW NY city or just NY state? Marshals Evictions FAQ - Marshals - Department of Investigation (http://www.nyc.gov/html/doi/html/marshals/evictions.shtml)
jmp721
Jul 25, 2012, 06:04 PM
He may be a jerk and pays no rent but your mom has allowed him to establish residency. He has the rights of a resident and must be evicted just like a tenant paying rent. Mom must follow the laws of NY. BTW NY city or just NY state? Marshals Evictions FAQ - Marshals - Department of Investigation (http://www.nyc.gov/html/doi/html/marshals/evictions.shtml)
New york state
ballengerb1
Jul 25, 2012, 06:08 PM
Then tryhttp://nycourts.gov/courts/nyc/housing/pdfs/Landlordbooklet.pdf
JudyKayTee
Jul 25, 2012, 06:17 PM
Then tryhttp://nycourts.gov/courts/nyc/housing/pdfs/Landlordbooklet.pdf
When you come visit me you will discover that those of "us" in NY State call it New York. People in New York City always add "City"; that's how you can tell us apart.
That and people in NYC say New Yawk.
(Is Scott listening?)
ballengerb1
Jul 25, 2012, 06:20 PM
Well come visit me in Shawkawgo
JudyKayTee
Jul 25, 2012, 06:22 PM
Well come visit me in Shawkawgo
Once again you've topped me. Funny.
ballengerb1
Jul 25, 2012, 06:23 PM
I wish that I could spell it the way the Geico lizard says it in our local commercials
ScottGem
Jul 25, 2012, 07:21 PM
When you come visit me you will discover that those of "us" in NY State call it New York. People in New York City always add "City"; that's how you can tell us apart.
That and people in NYC say New Yawk.
(Is Scott listening?)
I say Lawn Guyland ;)
JudyKayTee
Jul 25, 2012, 07:46 PM
I say Lawn Guyland ;)
Oh, on the floor! Great.