I have a woman that's on public assistance that asked if she could stay in my house for 2 months because she got a job nearby. She offered me $300 a month. She was to save money and get her own place. She is causing issues in the household. The room was an extra room that was not heated and didn't have electricity running in. She has caused issues and didn't pay anything. Lost the job and is now working off the books and still on public assistance. She claims I need to give her 30 days written notice. Does Facebook messages count as written notice. What is the time to leave I need to giver her? The sheriff's office sent me to their Civil Division who sent me to the ww.nycourts.gov for a DIY form to file an eviction process. I can't find the correct form to fill out. Do I need to file an eviction warrant with the court and which one?

There are other issues I see. "The room was an extra room that was not heated and didn't have electricity running in" That in itself is most likely a violation as a rental. Are you zoned for rental or was this "off the books". You could be in violation of the law and have IRS issues if the $$ not reported as income. I would tread carefully.

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Originally Posted by ma0641

There are other issues I see. "The room was an extra room that was not heated and didn't have electricity running in" That in itself is most likely a violation as a rental. Are you zoned for rental or was this "off the books". You could be in violation of the law and have IRS issues if the $$ not reported as income. I would tread carefully.

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I did heat and turn on the electricity. Meant to say I've incurred additional expenses to let her stay. Food, electricity, and heat. I'm nit zoned for rental and after talking to the town, didn't need to be. It was someone contributing to stay in the house. She has a baby and tried to help her out. The text between us specifically says a couple of months. I provided a letter to her and her DSS worker. She now moves an additional teenager of hers in the one room. Has men visitors and leaves my home unlocked when coming and going. What I needed to know is what forms go to the court if I need to evict her from my home? Is she a tenant or lodger and does it make a difference?

This is why I refuse to allow anyone to stay in my house not directly related to me... no sob stories..there are shelters and soup kitchensfor the people in tough situations. And I don't want my property to be stolen.

And previous experience renting a house out... has given me reason to not rent to anyone using vouchers. Far too many have no respect for others or the property of others.

They seemed nice at first... but the disaster they left behind when they left cost more to repair than we made off them. And good luck suing... you can't get blood from a stone.

You should know enough about her to report her to the Welfare office... give them everything you know and let them investigate it.

As far as I know... I would consider her a tenant. I would not waste any time... get her served ASAP

I would start with a 3 day pay or quit notice (because she has not paid any of the agreed amount) followed up by the eviction notice...There is no signed lease making her legally month to month, and do not waste any time.

Pay to have her served in person by someone else... because if she games the system.. like many do. She could use the excuse of not being properly served to drag this out even longer. You do want to have all your I's dotted and all your T's crossed.

You are a landlord and they are the renter. It does not matter she is in your home, and does ot matter she has not paid you (except for the reason to evict)

Normally except for non payment of rent, yes a 30 day notice is needed.
But it can take weeks and weeks to actually evict. You have to give formal notice. After that if she does not move, you file in court to evict, wait for court date, appear in court and so on.

So you will need to find most likely the Pay or Quit notice for eviction due to non payment of rents

If this is NYS, they do not differentiate between a lodger and a tenant. CA does, but NY doesn't. If the agreement was $300 per calendar month, then you have to give 30 days prior to the 1st of a month. So now you need to give her written notice to vacate by June 1. If she doesn't vacate, then you have to file for an eviction notice.

I served her with the pay or quit notice. How would I know what form to give to the court. The civil unit of the local sheriff department sent me to a website that is not clear on what form because she's staying in a private house in one room. Called the local court and they won't tell me because they consider it legal advice, but did advise me that if I hand in the wrong form it will be thrown out and I'll have to start over.

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Originally Posted by ScottGem

If this is NYS, they do not differentiate between a lodger and a tenant. CA does, but NY doesn't. If the agreement was $300 per calendar month, then you have to give 30 days prior to the 1st of a month. So now you need to give her written notice to vacate by June 1. If she doesn't vacate, then you have to file for an eviction notice.

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She was served on March 30 and her DSS worker was provided a copy. DSS confirmed receipt.

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Originally Posted by Fr_Chuck

You are a landlord and they are the renter. It does not matter she is in your home, and does ot matter she has not paid you (except for the reason to evict)

Normally except for non payment of rent, yes a 30 day notice is needed.
But it can take weeks and weeks to actually evict. You have to give formal notice. After that if she does not move, you file in court to evict, wait for court date, appear in court and so on.

So you will need to find most likely the Pay or Quit notice for eviction due to non payment of rents

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She was served the Pay or Quit notice. Now I need to figure out what form to use to evict her. There's different forms to use depending on the size. I can't seem to get any advice on which form for a room in a private house.

Just tell the court clerk you want to file for an eviction. They should tell you the form #