In Jan of 2011 I let my niece come live with me with her son who she had joint custody of, in march her boyfriend also moved in. Neither were paying rent or any money to me. In July I requested to start getting rent paid to me. I asked for $75 per week plus a portion of my nieces food stamps to add to the household food supply to start as of Aug 1st and that they could stay with me until income tax time when they get their refund and could get an apartment. Since that time I have gotten the portion of food stamps but as far as the money I've received the following amounts only as of 8/11; $100, $75,$60,$60, $60, $70, $0, $75,$0. As of this morning I've decided that I need them to leave asap, I am willing to give 30-45 days but do I still need to go to court to evict them? I really need an answer asap if possible please! Thanks for your time!

You need to evict them according to NY law. New York Evictions (http://www.rentlaw.com/eviction/newyorkeviction.htm)

If you give them written notice to leave and they don't leave you will have to go to Court and evict them.

I would give them the written notice only to prove that you are serious.

Thanks judykaytee what do I need to put in the written notice??

I would (because it's a family member and why get nasty if you don't have to) that you are asking them to move out of your premises on or before a certain date (and give a reasonable date) or you will have them evicted.

The "usual" is three days but with a family member I would be more lenient - if you can stand them for a little bit longer. You might tell them you want them out by, say, the end of the week or whatever time frame works for you.

If you take this to eviction court depending on their caseload it might be two or three weeks before you can get into Court.

Here's the thing. You can give them a 3 day pay or quit notice. Which means they have to pay what they owe or move or face eviction. Or you can give them a 30 day notice to vacate. In the latter they have no option to pay up.

I would keep the notice simple. Just state that you have decided to terminate their tenancy as of <insert date>. Please vacate the premises by that date or you will be forced to file for eviction.

I really don't care about the money @ all I just need them OUT!! Im willing to give them 30 if nesscessary I just want to make sure it legal etc and doesn't bite me in the *** in the long run!! Thanks so much for the help!!

Give them notice and get ready to evict them.

I realize that you know you can't just lock them out but other people might not realize that so I'll add it.

i just wanna make sure it legal etc

A very good attitude to take. Just follow the process and you should be fine.

This is a copy of the notice I gave to my and niece and her boyfriend (names removed of course) and when I gave it to them I made them sign a copy for my records etc. 30 Day Notice to Vacate

Tenant Name: _______________

Rental Address: _______________


TO the above Tenants of the above premises:

You are hereby given notice to vacate the above premises within (30) THIRTY days from the service of this notice. You are required to surrender possession of the above premises to the Landlord on or before this date:_11/7/2011___

(Optional) You are being vacated for the following reason(s):
_________________Irreconcilable Differences_______________________________________


It is understood that:

The Tenant surrenders occupation of the above premises by removing all personal belongings from the premises and returning all keys to the Landlord.
PROOF OF SERVICE
On this date of OCTOBER___8TH__, 2011__, this notice was served by:

[ ] Delivering a copy of the notice to the above Tenant personally.
[ ] Leaving a copy of the notice with a person of suitable age and discretion at the Tenant's residence.
[ ] Sending a copy of the notice by registered or certified mail to the Tenant at his / her residence.
[ ] Attaching a copy of the notice to the inside of the front entrance door of the premises.


Landlord Name: ________________________

Landlord Signature: ______________________________ Date: _______________

Landlord Address: __________________________________________________ ____________

I was wondering if it was legal to cut services that will not interfere with them "living" here until the deadline for certain things since I'm not receiving any further rent or food stamps from them??
The things I'd like to cut are; the service to the cable box in their bedroom only, the internet service to the main house computer, and like labeling our food and them to label theirs etc and making them buy and prepare their own separate meals?? To be honest id like to make "uncomfortable" so they hopefully leave sooner then the 28-29 days they have left, because they are continuously trying to start arguments etc @ this point, but I still want to be "legal" about everything!! Thanks again

This is a copy of the notice I gave to my and niece and her boyfriend (names removed of course) and when I gave it to them I made them sign a copy for my records etc. 30 Day Notice to Vacate

Tenant Name: _______________

Rental Address: _______________


TO the above Tenants of the above premises:

You are hereby given notice to vacate the above premises within (30) THIRTY days from the service of this notice. You are required to surrender possession of the above premises to the Landlord on or before this date:_11/7/2011___

(Optional) You are being vacated for the following reason(s):
_________________Irreconcilable Differences_______________________________________


It is understood that:

The Tenant surrenders occupation of the above premises by removing all personal belongings from the premises and returning all keys to the Landlord.
PROOF OF SERVICE
On this date of OCTOBER___8TH__, 2011__, this notice was served by:

[ ] Delivering a copy of the notice to the above Tenant personally.
[ ] Leaving a copy of the notice with a person of suitable age and discretion at the Tenant's residence.
[ ] Sending a copy of the notice by registered or certified mail to the Tenant at his / her residence.
[ ] Attaching a copy of the notice to the inside of the front entrance door of the premises.


Landlord Name: ________________________

Landlord Signature: ______________________________ Date: _______________

Landlord Address: __________________________________________________ ____________

I was wondering if it was legal to cut services that will not interfere with them "living" here until the deadline for certain things since I'm not receiving any further rent or food stamps from them?
The things I'd like to cut are; the service to the cable box in their bedroom only, the internet service to the main house computer, and like labeling our food and them to label theirs etc and making them buy and prepare their own separate meals? To be honest id like to make "uncomfortable" so they hopefully leave sooner then the 28-29 days they have left, because they are continuously trying to start arguments etc @ this point, but I still want to be "legal" about everything! Thanks again

Cutting the cable TV/internet is allowable, unless their lease specifically included that service as part of the rent. Labeling food wouldn't be illegal either.