Quote:

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Originally Posted by Cwp43

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.

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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?

Quote:

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Originally Posted by Cwp43

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

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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.

Quote:

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Originally Posted by smoothy

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?

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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

Quote:

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Originally Posted by Cwp43

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

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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.