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How to get a family member who does not pay rent to move out
My husband raised a boy who is not his own. The boy has been living with us and paying a small rent to cover his room, utilities and meals every month. He has always been late in his payment. He is 22 and works full time. He is now living with the woman who rents the other room. I did not like that and gave them 30 day verbal notice to move out by the end of this month which is tomorrow. He has not paid us rent this month. My husband asked him a couple of times and he always said he was going to pay the next day but then he did not pay the next day. Now he said that he was short and he would pay us when he got paid. We do not believe him any more. We just want him to move out tomorrow. It bothers me a lot thinking if he does not move out tomorrow. What can we do to get him out without getting us into legal trouble? Can we call the cop and claim him trespass? He and the woman has no signed agreement nor did they put down a deposit with us. They always paid us cash without receipt. I am living in New York city and the rent is very expensive. I need to rent the place out to other people or we are not going to be able to afford our apartment. The woman slams doors all the time and the boy damaged two doors when they had a fight months ago. I want them to leave desperately. Please help!
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Everything starts with a properly served written notice to vacate.
Verbal notices mean nothing when it comes to evicting them. It HAS to be in writing, and served in the proper manner that can be traced and proven they received it. When you go to court to have it executed, you are going to have to present that proof. I would do it ASAP because it will take time... not once you get that clock started... you might want to offer him some cash to leave on his own. If he does the other process will prove unnecessary, but you will not have wasted any more time. The process is the same for a family member as it is any other tenant. |
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Regardless of relationship he is a tenant. You have to follow the legal process to evict.
Since there is no written lease they are considered month to month tenants. Now here is your problem. If he is living in the room with your other tenant and SHE is up to date with her rent then you can't evict for non payment. So you have to give 30 days written notice to both of them to vacate. If she is behind then you can give a 3 day pay or quit notice. If they refuse to vacate, then you have to go to housing court for an eviction. |
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