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mowett6986 · Aug 2, 2008, 07:47 AM

I am having problems with my 18 year old Daughter and I was wondering if I didn't want her living with me anymore what steps can I take to get her out my house. What are the Procedures in the NY State law.

JudyKayTee · Aug 2, 2008, 08:02 AM

Originally Posted by mowett6986

I am having problems with my 18 year old Daughter and I was wondering if I didn't want her living with me anymore what steps can I take to get her out my house. What are the Procedures in the NY State law.

You would have to evict her.

NYS Law (and this is technically a hold over - you want her gone and she won't go):

"In a non-payment case the eviction can start after the three (3) day notice is given and no payment is made in three (3) days. The act of non-payment terminates the tenancy. The holdover eviction can start as soon as the tenancy is terminated because of breach, or after the expiration of the notice period in a month to month tenancy.

Once the tenancy is considered to be terminated the landlord may file in court for eviction. The landlord CANNOT go directly to the sheriff. The landlord must get a court order first. To get the court order, the landlord files a petition and obtains a hearing date. The hearing date MUST be no less than FIVE DAYS from the date of service of the petition on the tenant. The hearing date is required to be scheduled between five (5) and twelve (12) days after the tenant is served with the petition.

Service is made either by having a third party personally hand the petition to the tenant (or other type of personal service). If the tenant is avoiding service it may be made by nailing the petition to the door and sending a copy by mail (Nail and Mail). (Note: If service is made by nail and mail, and the tenant does not make a personal appearance in court, the landlord will be unable to get a money judgment on that day for the arrears in rent, however the landlord will get the warrant.)

The hearing is a summary proceeding. If the judge finds that the tenancy is terminated because of non-payment or for holdover the judge will sign a warrant of eviction. The landlord may also obtain a money judgment for the arrears due in rent if personal service was made or if the tenant makes a personal appearance in court.

Once the warrant is signed by the judge the landlord will then need to submit the warrant to the sheriff. The sheriff must give seventy-two (72) hours notice to the tenant before enforcing it. "

isabelle · Aug 2, 2008, 07:12 PM

I just thought of something. If she is abusing you.. you can hurry the process by getting a DVP. It doesn't have to be a man, it can be any member of your family.

JudyKayTee · Aug 3, 2008, 06:52 AM

Originally Posted by isabelle

I just thought of something. If she is abusing you.. you can hurry the process by getting a DVP. It doesn't have to be a man, it can be any member of your family.

In NYS a protective order does not necessarily evict someone - I know it makes little sense but that is how it is. OP would need a protective order followed by an eviction.

With protective order and no eviction you end up storing the evicted person's possessions - and then they move back in when the order expires!

isabelle · Aug 3, 2008, 07:12 AM

I know that, but I was thinking that some of this eviction time could be spent with daughter in jail... if mom is being abused.
Their's also some kind of order that can keep the abuser out of the house and x amount of yards aways from Mom. Again if Mom is afraid of being hurt.
It is always best to listen to advice, then hire a lawyer.