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

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.

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

You are asking about evicting the lodger?

To allow them to live there there is no court order needed. You did not ask a question

Yes trying to evict a lodger in New York state

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.

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

Is a court order needed to evict an excluded occupier? New york state?

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.


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.

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.

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

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

I don't know were you are getting this from. A link would be helpful. But the only mention of the phrase "Excluded Occupiers" that I can find seems to be in the U.K.

I'm in NY - if he's your boyfriend and you share a bed (let alone a bathroom) he needs to be evicted.

Legal authority is contained in section 3a(2) of the protection act 1977.they are described in the act as excluded tenancies and licenses.sub sections (2) and (3) are the sections which provide for lodgers to be excluded.when the owner has given the lodger proper notice and the time has expired,the lodger has no further right to remain in the owners house an may be removed as a trespasser

Legal authority is contained in section 3a(2) of the protection act 1977.they are described in the act as excluded tenancies and licenses.sub sections (2) and (3) are the sections which provide for lodgers to be excluded.when the owner has given the lodger proper notice and the time has expired,the lodger has no further right to remain in the owners house an may be removed as a trespasser

Again, you are citing British (http://www.legislation.gov.uk/ukpga/1977/43) law. You told us that you are in New York. New York has not been subject to British law since the American Revolution. The statute you are quoting doesn't apply.

Quoting New York Code, RPP § 228. Termination of tenancies at will
Or by sufferance, by notice.
A tenancy at will or by sufferance, however created, may be terminated by a
Written notice of not less than thirty days given in behalf of the landlord, to
The tenant, requiring him to remove from the premises; which notice must be
Served, either by delivering to the tenant or to a person of suitable age and
Discretion, residing upon the premises, or if neither the tenant nor such a person
Can be found, by affixing it upon a conspicuous part of the premises, where it may
Be conveniently read. At the expiration of thirty days after the service of such
Notice, the landlord may re-enter, maintain an action to recover possession, or
Proceed, in the manner prescribed by law, to remove the tenant, without further
Or other notice to quit.
Sponsored Links

Correct, give notice and if they don't move you file for eviction in court ( other legal action)
Also in many cities in NY there are additional laws restricting eviction more.

Quoting Evicting a Lodger
However, in the case of a single lodger in a house where the owner lives and there
Are no other lodgers, the owner can evict the lodger without using formal eviction
Proceedings. The owner can give the lodger written notice that the lodger cannot
Continue to use the room. The length of the notice must be the same as the
Amount of time between rent payments (for example, 30 days if the rent is paid
Monthly, or 7 days if the rent is paid weekly). When the owner has given the
Lodger proper notice and the time has expired, the lodger has no further right to
Remain in the owner's house and may be removed as a trespasser.

Quoting Evicting a Lodger
However, in the case of a single lodger in a house where the owner lives and there
are no other lodgers, the owner can evict the lodger without using formal eviction
proceedings. The owner can give the lodger written notice that the lodger cannot
continue to use the room. The length of the notice must be the same as the
amount of time between rent payments (for example, 30 days if the rent is paid
monthly, or 7 days if the rent is paid weekly). When the owner has given the
lodger proper notice and the time has expired, the lodger has no further right to
remain in the owner's house and may be removed as a trespasser.

Section 228, which you quoted in post # 15, appears to be correct. But where did you get the language you are quoting in posts 17 & 18? I don't see it in the NY landord/tenant act (http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@SLRPP0A7+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=54686209+&TARGET=VIEW).

{Mod note: #18 was removed as a duplicate-<>}

If you want our help you need to give us a link to what you post so we can check it. As noted there does not appear to be anything in NYS law about lodgers.

Yes. It appears they are taking some wording and then trying to apply other law not in record for it. The truth is, from actual practice and court procedure, in NY you have to evict another person who is living in the house, boyfriend, son, daughter, does not matter, you can not legally do anything, if they do not leave, without an eviction. The except to this is motels where they rent by the night or week.

Quoting Evicting a Lodger
However, in the case of a single lodger in a house where the owner lives and there
are no other lodgers, the owner can evict the lodger without using formal eviction
proceedings. The owner can give the lodger written notice that the lodger cannot
continue to use the room. The length of the notice must be the same as the
amount of time between rent payments (for example, 30 days if the rent is paid
monthly, or 7 days if the rent is paid weekly). When the owner has given the
lodger proper notice and the time has expired, the lodger has no further right to
remain in the owner's house and may be removed as a trespasser.



I'm in NY - I have no idea what "law" you are quoting - and I'm not going to look it up for you. Please post the citation.

I will also add that you can spend a lot of time and money arguing what does and does not constitute a "lodger."

Otherwise continuing to post eviction law - which just about everyone has referred to - is helping no one.

I was told by a nys real estate lawyer excluded tenancys are exempt from real property laws.for example:renting a room in an owner occupied dwelling excluded from eviction protection laws

Have you not read everything others have posted here... including those who RESIDE in NY that actually are familiar with NY code?

Or is this actually a homework question you are looking for someone to give you a detailed answer to?

I was told by a nys real estate lawyer excluded tenancys are exempt from real property laws.for example:renting a room in an owner occupied dwelling excluded from eviction protection laws

Then ask that lawyer to cite the law that says that. So far, you have been told by several people that such a law doesn't exist. You have cited statutes that don't apply and the only applicable statute you have cited doesn't support this.

But the bottom line here is that, if you don't follow the eviction process, then you can open yourself for a lawsuit for an illegal eviction. So play it safe and do it legally.

Have you not read everything others have posted here....including those who RESIDE in NY that actually are familiar with NY code?

Or is this actually a homework question you are looking for someone to give you a detailed answer to?


You beat me to it! Apparently the knowledgeable Attorney is quoting law from other States. Reminds me of the "Paralegal" who quoted Nova Scotia Law in response to a question about California.

So let the OP just throw this person out and then we can all regroup on the new "I'm being sued for unlawful eviction" thread.

Yes, a reminder about the law, often the way some people understand written statue, is not what happens in court because of the way case law has defined statues. While I don't own properly in NY at this time, I used to, and if you don't legally evict, you will suffer for this.

Reminds me of some great constitutional law classes in law school, or even other classes were study was based on common law, and has little real life connection to statue laws in the US.

Also people posting in NY don't make the distinction between NY State and NY City (which has its own set of laws).

You are a licensee if you:
Have a resident landlord that you share facilities with e.g. the kitchen or bathroom
Do not pay rent for your accommodation
Are staying with family or friends as part of an informal arrangement.
As a licensee your landlord does not have to obtain a possession order to evict
You. You are entitled to reasonable notice, which can be verbal or in writing. Once
This notice expires you do not have a legal right to remain in the property.
Reasonable notice is considered to be one rental period e.g. if you pay rent on a
Weekly basis you will only be entitled to one week's notice.

I think this is a troll... they refuse to listen to answers and refuse to cite the pertinent code they are supposedly reading this from...

And they continue despite repeated requests...

Ok this is enough. We have tried to help you, but all you seem to want to do is copy and paste from somewhere without any link so we can check the accuracy or applicability. We can't help you if you don't give us something to go on.

So, I will give you one more chance. If you don't post links to the where you are getting this info from, then I am closing this thread.

To other members, please do not respond until the OP has given us the info we need to help.

Quoting a nys legal aide lawyer:renting a room in someone's private home is not the same as renting an apartment or house.lodgers boarders roomers licensees don't have the same rights as tenants

Quoting a nys legal aide lawyer:renting a room in someones private home is not the same as renting an apartment or house.lodgers boarders roomers licensees dont have the same rights as tenants

And again, ask that legal aide lawyer to cite statute or case law that supports his statement. I can find nothing to support it and evidence to contradict it.