[sumomokimchi]

I currently live in an apartment in Ny. I have my immediately family 2 daughters and a son living in the house. I also have one of my daughters boyfriends also living with us. Recently my younger daughter has been having her boyfriend stay at the house.

This has now turned into a problem. He has been threatening me, put a hole in the door, and verbally abusing my daughter. I can't talk any sense into her. Ive since asked him to leave my home that he is no longer welcome.

I came home and there were police there. He told them he has been paying rent and that I'am kicking him out. I told the officers he has never paid me rent and is not on the lease. I also stated he put a hole through the door and I wish to have him removed. They told me I would have to go to court to remove him. They also told him right in front of me he can break anything he wants it will just come out of the security deposit. But that's my money!! Will someone please help me. The guy has now brought his little brother to stay there. This is my house I want him out. I fear for my family and myself with him there.

[Fr_Chuck]

Well you go to court and get a restraining order or order of protection against him, then the police escort him out.

Now I will be honest, if my safety was in danger, I would do what ever it took, legal or not to be safe.

[twinkiedooter]

Sounds like too many people living there. What does the county say about so many people living in the apt? There are density laws that will come into play here. Your landlord can get wind of this and call the county and have the "extra" people living there put out by the county. You too could end up with no place to live if the landlord decides that you have let too many people live in his rental. I would be very careful just how many people live in an apt I rent from now on. Letting the sons and daughters have their boyfriends or girlfrinds come and stay is never a good idea. Do whatever you need to do to get these extra people out of your apt NOW before the landlord gets rid of everybody in this apt and rents it out to someone else.

[ibuskids]

I know I shouldn't answer a question with another question, but why on earth would you have to go to court to remove someone that's not even on the lease? That just sounds crazy! I agree with Fr_Chuck, get a protective order since you feel threatened and have the police escort him out. Good luck!

[ScottGem]

I know I shouldn't answer a question with another question, but why on earth would you have to go to court to remove someone that's not even on the lease? That just sounds crazy!

Because the person lied and said he was a rent paying tenant. Once he did this, the police can't remove him as a trespasser.

So the answer is a restraining order.

To sumomokimchi
I'm more concerned about the police telling him he could cause damage. Do you have proof of that? If you do, I would report that officer to his precinct commander. If you have proof of it, you could sue the city for any damage he creates.

I suspect the officers decided this was a domestic dispute and didn't want to get involved. Otherwise they should have asked for proof that he had paid rent.

I would NOT go through the eviction process, because that would acknowledge you consider him a tenant.

[JudyKayTee]

I know I shouldn't answer a question with another question, but why on earth would you have to go to court to remove someone that's not even on the lease? That just sounds crazy! I agree with Fr_Chuck, get a protective order since you feel threatened and have the police escort him out. Good luck!

In my area a protective order has got to be followed by an eviction if the person the order is against actually lives at the same property as to the person who obtained the order.

I know it sounds crazy but that's how it is. It's a 1, 2 process - restraining order, eviction.

Want the order to expire and the person to move back in? Plus, how (without a formal eviction) are you going to dispose of the person's belongings - ?

[sumomokimchi]

I do thank all of you for your answers, the reolution to this problem was that I talked with my lanlord and had decided to move out of the apartment. I decided to not allow my daughter to move with me as she is old enough to know better. My concern is for my other daughter and son who also lived with me. We have happily found a better apartment else where at a cheaper price then the other I was residing in. The landlord luckly because of the issue and I think the kindness of his heart did not charge me to have the broken door replaced and refunded my deposit. I had eventually allowed my daughter to return home after she found living and being with him to be undesirable, in otherwords she came to her senses. So for the time being all is well again thank you all very much:o

[JudyKayTee]

I do thank all of you for your answers, the reolution to this problem o

Thank you SO MUCH for coming back and letting us know how this worked out for you! People seldom do and this has certainly brought a morning smile to my face.

Good luck and, again, thanks.