Check out some similar questions!

carmanwelder · May 18, 2009, 07:31 AM

I am trying to get my 26 year old son to leave my home. He lives here with his girlfriend and 2 children. I don't charge them rent or utilities. They don't pay for food either. I have been told that I need a lawyer to have him evicted. What is the law concerning eviction of family members in NY?

appy85 · May 18, 2009, 08:02 AM

I first hand know about this; in any state you must evict them. You must evict them both! You can do so with out an attorney however, you must simply go to the JP court designated for your area, and submit fee and required documentation to the court. This is a 180 day process, given they don't try to fight you. The upside is they have a right to fight you but they can not win that legal battle based on the circumstances.(Not on the deed or lease agreement, never having paid anything that can be considered rent) So if they fight it could take longer than 180 days in court but in the end they will be legally removed from your homem and you will not longer have to worry with it. I broke up with my boy friend and had to do the same thing. It is a shame that they just won't leave on their own. ~hope this is helpful!:)

stevetcg · May 18, 2009, 08:10 AM

Where on earth does it take 180 days for an eviction??

Everywhere I have ever read (and it's a lot) require the landlord to give notice in writing that they must vacate. Most areas is 30 days. After the period has passed, the landlord can go to the courthouse and file eviction procedures. It is usually quite quick.

carmanwelder · May 18, 2009, 09:23 AM

Originally Posted by stevetcg

Where on earth does it take 180 days for an eviction???

Everywhere I have ever read (and its a lot) require the landlord to give notice in writing that they must vacate. Most areas is 30 days. After the period has passed, the landlord can go to the courthouse and file eviction procedures. It is usually quite quick.

Can I just give him my hand written notice?

stevetcg · May 18, 2009, 09:37 AM

Probably. I would Google the laws of your state on eviction process however. There may be some official wording or format required.

However, most places as long as its dated and gives 30 full days, you should be good.

appy85 · May 18, 2009, 10:50 AM

[QUOTE=stevetcg;1742115]Where on earth does it take 180 days for an eviction??

Everywhere I have ever read (and it's a lot) require the landlord to give notice in writing that they must vacate. Most areas is 30 days. After the period has passed, the landlord can go to the courthouse and file eviction procedures. It is usually quite quick.[/QU
The written 30 days notice is not binding in the sense the person must vacate after receiving, it is a notice that you intend to evict, the tenant has 30 days to respond to this notice. The land lord then needs to file a notice with the court ( the previous is just a letter presented to the tenant, in which they are given thirty days to respond) the court gives both parties 60 days to respond to the notification, and appear in court. Granted most evictions do not go this far, but a whole lot do, mine did. You then prove your case, or simply request this person vacate the premises for what ever your reasons may be. If it is non payment of rent, or your are claiming damage to the property, the tenant is then given 60 days to return to court to dispute your claims. The judge will try for 30 but you are allowed as the tenant 60 to prove or disprove the landlords claim. I represented myself to evict my boyfriend at the time, who was not on my lease, nor did he have any written agreement with me to reside there. Again some people will not try to make your life hell, others fight even though they don't have a leg to stand on. ~ I said that to say I am not claiming to be a lawyer or even a law student, I am only giving my personal real life experience (2008).

this8384 · May 19, 2009, 08:53 AM

Originally Posted by appy85

The written 30 days notice is not binding in the sense the person must vacate after recieving, it is a notice that you intend to evict, the tenant has 30 days to respond to this notice. The land lord then needs to file a notice with the court ( the previous is just a letter presented to the tenant, in which they are given thirty days to respond) the court gives both parties 60 days to respond to the notification, and appear in court. Granted most evictions do not go this far, but a whole lot do, mine did. You then prove your case, or simply request this person vacate the premises for what ever your reasons may be. If it is non payment of rent, or your are claiming damage to the property, the tenant is then given 60 days to return to court to dispute your claims. The judge will try for 30 but you are allowed as the tenant 60 to prove or disprove the landlords claim. I represented myself to evict my boyfriend at the time, who was not on my lease, nor did he have any written agreement with me to reside there. Again some people will not try to make your life hell, others fight even though they don't have a leg to stand on. ~ I said that to say I am not claiming to be a lawyer or even a law student, I am only giving my personal real life experience (2008).

You give a 30-day notice that the tenant has to leave. If the tenant refuses to do so, you file for eviction with the court. I have never once had to wait 60 days for a response from a tenant. The court immediately schedules a pre-trial hearing and tries to resolve the matter then. If they can't, then they schedule a trial.

What state are you in that you have to wait 2 months for someone to reply before anything is done?

appy85 · May 22, 2009, 09:01 AM

I am in Texas, Williamson County

this8384 · May 22, 2009, 09:09 AM

Originally Posted by appy85

I am in Texas, Williamson County

Sorry, you're wrong
Texas Evictions

A 30 day notice tells the tenant that you will not be renewing their lease. Has nothing to do with eviction. You're confusing it with a 3-day "pay or quit" notice, which is what you use when a tenant hasn't paid rent or hasn't vacated after you gave them proper notice.

ScottGem · May 22, 2009, 09:27 AM

Originally Posted by appy85

I am in Texas, Williamson County

This is a legal forum, therefore answers need to conform to actual statutes. Too often we have people posting their personal experience without posting or understanding all of the factors that went into that experience. This then gives the OP an inaccurate impression of what actually will happen.

Look at the link This8384 posted. It details the process and gives an general timeline. An eviction generally will take less than a month from filing for the eviction order. A lot depends on the type of initial vacate notice. About the only thing you posted that was accurate is that the vacate notice is non-binding. Meaning the tenant does not have to vacate by the deadline, but if they don't the landlord then files in court for the eviction order. The initial vacate notice can be either 3-10 day comply or quit notice. The amount of time varies by area. The tenant must either comply with the lease (pay in full, fix any other breach) or vacate. Or you can use a 30-60 day termination of lease. In this situation the landlord notifies they will be terminating the lease and not giving the tenant the chance to fix the problem.

ScottGem · May 22, 2009, 09:28 AM

Originally Posted by carmanwelder

Can I just give him my hand written notice?

Check the link This8384 posted. Notice can be served by handwritten letter, but service has to be witnessed.

carmanwelder · May 22, 2009, 10:42 AM

All I know is here in NY a child at 16 can legally leave home and you as a parent cannot physically force them back home. If they do anything to cause damage to anyone or anything you are still responsible for them and the damage. When they are of age you cannot order them out of the house... it's not legal. You have to go through eviction process. This State has way too much control of family matters and really needs to change. When I was growing up and if I thought about leaving the house at 16 my ol man would have pulled me back home by the ears. If he told me that I was too old to be at home I would have had to leave. That doesn't work now. Too may laws, lawyers, and advocates for rights. We need to get back to good old common sense and doing what is right.

ScottGem · May 22, 2009, 11:49 AM

Originally Posted by carmanwelder

All I know is here in NY a child at 16 can legally leave home and you as a parent cannot physically force them back home.

Umm, where did you come to know this. From my research its not true. I child can't legally leave home until they are 18 unless a court grants them emancipation. At which point the parents would no longer hold responsibility.