Okay, here's the deal. I've had a boarder in my house since February. Every week there's been an issue about either catching up on his board payment or security (which he caught up on). Now, I've decided to sell my house and I have a for sale sign out in front of my house because I will be listing it soon. My boarder now uses that excuse to not pay the rent. He says that he assumed he had to move so he's living out his security, yet he said he didn't want to move. Initially, I told him that until the house was sold he had no reason to move and he would be given plenty of notice if they didn't want him to stay on. Then I asked him for the rent and he said he didn't have it. At this point, I agreed with his decision because I just don't need the aggravation, and wrote him a letter stating so and will expect him to vacate by the end of the month.

He also claimed he is a spend thrift and blows all his money as soon as he gets it (probably has a swiss bank account or two.. lol). I have given him several chances to give me the rent and he was 15 days late last month.

He gets 2 Workmen's Compensation checks a month (double what his room and board is BTW) and also works off the books for a friend doing construction.

Another issue, is this a "legal" renter, is your home zoned to allow you to rent. If it is, you have no problem, you can take him to housing court, evict him, and be able to sue him for all the money he owes you.

If on the other hand this is not a legal rental, he can sue you for all the rent he has paid you, ( you have to give him all the rental money back)

So if this is a illegal renter, best bet, let him live out his deposit and feel yourself lucky.

He gets 2 Workmen's Compensation checks a month (double what his room and board is BTW) and also works off the books for a friend doing construction. Is that legal?

A major issue for you will be if he leaves at all.

Truth is, -- legal renter or not -- as a renter in NY, you can't force him to leave until you begin legal eviction. You have to notify him, and after the state's legal timeframe (30, 60 days?), a Sheriff is called to evict him for you.

If he is still present when you go to closing, your sale is essentially dead.