You said you owe cousin money.Is that Right? Is the amount you owe him enough for him to repay you for last months rent?--- You said he has not paid you for last months rent.Quote:
Originally Posted by ahmadur1234
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You said you owe cousin money.Is that Right? Is the amount you owe him enough for him to repay you for last months rent?--- You said he has not paid you for last months rent.Quote:
Originally Posted by ahmadur1234
I was I do.If I give the money by paying his rents, that is not a problem.The problem is he has so many issues which causes fights.These fights make me and my mom sick.I wanted to escape from these fights
My Friend, I wish you and your mother well---You may or may not get your cousin out of the apartment --- You said his name is on lease as tenant in common or is known as such---Cousin may could use the defense called "Succession Rights"--- Get your lease and read it carefully-- I think you will also find that you are in violation of the lease as pertains to occupancy.---This mess is mostly your fault --- You allowed this to happen.--- Remember family is family---You never know when you will need their help again--- See local law inforcement as pertains to housing code compliance and file legalQuote:
Originally Posted by ahmadur1234
Documentation as to your intentions--- This may be you and your friends best one-way out of this mess---I wish you and your mother well my friend--fFrank ---Good night---
If he is behind in the rent, then give him a 3 day pay or quit notice. This can get him out quickly or force him to pay. He needs to know you are serious about getting him out. But the bottom line is you can't just leave if he stays. He is YOUR problem not the landlord's. And if he doesn't vacate the landlord just continues to charge you and your friend for the rent.
You don't have very many choices here. If your cousin is going to take advantage of you (and that is what he is doing), then you have to get serious. Give him a written 3 day notice tomorrow. This site can help you understand the process: http://www.nycourts.gov/courts/nyc/h...nantsguide.pdf
The cousin and anybody else who did not sign the lease is YOUR TENANT. I'm in NY. I know NY law.
Evict the people NOT on the lease, notify the landlord you are moving, get it IN WRITING that the landlord is willing to break the lease - and move out.
The cousin's living arrangements are not your responsibility.
It would be dangerous indeed to move out and leave anyone who is not on the lease because YOU are still responsible for the lease payments.
If you want to stay, evict all of them and only the people who are on the lease get to stay. No exceptions.
The longer you drag your feet on this the later you will get him out.
At this point the landlord could evict you (depending on how the lease is written) for violation of the housing code - too many people, not on the lease. Then you and your cousin and everyone else will be homeless.
Evict them all.
YOU need to make up your mind - you either want him out or you don't want him out or you want to stay or you don't want to stay. Make up your mind and do something.
In NY this is not a criminal matter. The Police do not care. That's what Housing (and other) Courts are for.Quote:
Originally Posted by Frank Mangrum
How do I evict them? How long will it take?
It might help if you read your answers. I gave you a link to a site that describes the process. I told you to give them a 3 day pay or quit notice. If they do not pay all they owe within the three days then on the 4th day (which would be Thursday if you give him notice today). You go to housing court and file for an eviction order. The court will order a hearing. At the hearing, he will be ordered to vacate. If he still refuses, you can hire a sheriff to physically remove him.Quote:
Originally Posted by ahmadur1234
The process can take a few weeks to a few months depending on how busy Housing court is. But once he realizes you are serious and he isn't going to get a free ride, he will probably leave rather than have an eviction on his record.
As Scott said and says - you start with a notice of eviction. NYC is slightly different from NY State.
You have to read the complete answers (including any links) or we can't help you.
NYC Housing Court
Have a nice day. Best wishes---fFrankQuote:
Originally Posted by ahmadur1234
Quote:
Originally Posted by Frank Mangrum
Domestic Courts to evict someone? Absolutely not correct. PLEASE - we take pride in our answers on the legal boards.
Who do you suggest go to Domestic (Matrimonial) Court. The OP? His mother? The cousin? Somebody else?
You are incorrect in several ways in this thread.
Have you read the NYC eviction law that I posted?
How to you think succession rights apply? "In general, it is possible for a person who is an occupant in an apartment leased to a family member to become a tenant (succeed) after the primary tenant leaves if the family member lived in the apartment for two years or more prior to the tenant’s departure, or since the beginning of the tenancy, or since the commencement of the relationship. If the person asserting succession rights is disabled or over 62 years of age then the period of co-occupancy is only one year."
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