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    katkin's Avatar
    katkin Posts: 2, Reputation: 1
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    #1

    Jul 13, 2013, 08:29 PM
    what consequences to me for changing locks on unwanted houseguest?
    A friend with her two children who don't pay rent has overstayed her welcome.. is pregnant again and I want them gone, also fear for my own child's safety and mine and eldest child is violent! I went thu eviction process start 2x and they keep telling me different forms different stories I'm on welfare can't afford lawyer and seriously know if I just get her out szhe will just go away without issue BUT OTHER PPL keep telling me I will be arrested? This is insane I helped them when homeless when no one else would.. State of ny said one month here she was a 'tenant'... and she doesn't even PAY anything its horrible I'm the victim here!
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 13, 2013, 08:35 PM
    Is there any legal action being taken against you at this point? Are you saying you dos anything other than eviction notice yet? Once her final day is here and she still refuses to leave you get a constable to come and make her move.
    katkin's Avatar
    katkin Posts: 2, Reputation: 1
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    #3

    Jul 13, 2013, 08:52 PM
    Quote Originally Posted by N0help4u View Post
    Is there any legal action being taken against you at this point? Are you saying you dos anything other than eviction notice yet? Once her final day is here and she still refuses to leave you get a constable to come and make her move.
    The only legal action is I've filed papers twice and waited a month twice and when I went back to court because they didn't leave was told oh this wasn't filled right that isn't spelled right I am really at end of rope here because I do not want another month of this I know that once she's out she will just go and won't be be othered to file crap but I really cannot chance morethings stolen that I can't prove or more abuse to myself I can't get order of perotection for the police have be een sympathetic and on my side and did tell them if they bhave to come avgain they will take the kid away but I seriously just need to change locks and they are gone... literally hase nothing here using my daughters room that she changed locks without asking permission and her bed and my everything.. from food TV etc.. down to towels they just need to be bodily removed or not able to get in she's made extra keys for boyfriend and I'm disgusted and fear for my own security I'm an older disabled and deaf single mom of a 4 yr old too... this is so stressful I'm walking on eggshells here
    sweetismami28's Avatar
    sweetismami28 Posts: 20, Reputation: 2
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    #4

    Jul 13, 2013, 08:59 PM
    Uhuh kick them out! You shouldn't be arrested she inviting strangers around your kid get restraining order against her kid and see what she does.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 13, 2013, 09:01 PM
    They may sue you for illegal eviction. Get a money judgement from you.

    They may call the police who will force you to allow them back in the home.

    You are evicting all wrong, you do not evict for abuse, you just evict, in few places do you have to say why, you are saying too much on eviction papers,

    You just file for eviction that you no longer want them in home

    Is an illegal eviction done every day, yes, normally noting happens, but you could end up oweing 1000's of dollars to them
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 14, 2013, 04:28 AM
    Most states allow for an award of damages against a landlord for wrongfully locking a tenant out of rental residential premises. And, in theory an unwanted houseguest could perhaps be considered a "tenant". But that is a civil remedy, not criminal. So no; you won't be arrested for merely changing the locks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 14, 2013, 05:33 AM
    Quote Originally Posted by katkin View Post
    State of ny said one month here she was a 'tenant'...
    This site may help:
    NYC Housing Court

    First, it confirms that she is considered a tenant. Second, it shows what could happen if you lock her out.

    If you aren't filing the papers correctly. Then be more careful. If you are on welfare talk to your caseworker and see if they will help you fill out the papers properly. But you need to get a legal eviction order before you can lock her out.

    Aside to sweetismami28: This is a Law forum. Answers here need to conform to statutory law. If you don't know the law involved, please do not answer. In this case you gave very wrong advice that could get the OP in trouble.

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