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chyna3004 · Oct 20, 2011, 09:39 PM

My question is this; I live in NYC and have a 24 year old adult son, who works, but refuses to contribute to any of the household expenses. He is very disrespectful to the rules of my home and I an a single parent who has raised him alone his entire life. I want him out! Must I legally evict him, he is not listed on my lease as an occupant since he turned 21 years of age and briefly moved out, but returned because he lost the apartment he was sharing with a friend. What can I do?

EllieD89 · Oct 20, 2011, 11:56 PM

Unfortunately the new New York state law states parents are liable for their children until age 26. So that might show some problem if you try a legal manner... But if he is over 18 and your lease states that all adults over 18 must be listed on your lease you may request your management company or landlord to evict him. If you do not want to bother them if he gets out of hand you can call the NYPD tell them you are afraid he may cause harm or damage and they will request him to leave or remove him.

chyna3004 · Oct 21, 2011, 04:04 AM

Thank you for your response EllieD89.

ScottGem · Oct 21, 2011, 04:11 AM

Originally Posted by EllieD89

Unfortunately the new New York state law states parents are liable for their children until age 26.

Can you cite the statute on that? If you are going to cite specific law, please give a link or specific statute.

As far as I know a parent is no longer liable for a child's actions when they reach majority, which, in NYS is 18.

Also, if a person is a resident of a home, they can be evicted by the homeowner or leaseholder as long as they follow the legal eviction process.

chyna3004 · Oct 21, 2011, 05:25 AM

Thanks ScottGem... I thought so. However, do I need to go to Family Court because it's my son or Civil Court (Landlord & Tenant) to have him removed? Thanks

ScottGem · Oct 21, 2011, 05:39 AM

Civil court, his relationship to you doesn't matter. All that matters is he is a resident that you want out.

Fr_Chuck · Oct 21, 2011, 05:50 AM

He being your son is not the issue, he will be treated like anyone else who would be living there and has to be evicted.

If it is a matter of payment, sit down, explain that he has to pay rent, and do certain things to remain, if he refuses, start eviction proceedings. ( or just evict if you want to without giving him another chance)

You have no obligation to support him or furnish him a place to live.

Did he lose his other place because he would not pay them either ?

chyna3004 · Oct 21, 2011, 06:10 AM

To ScottGem Thanks, To Fr_Chuck the answer to the question is that I don't know. He was living with friends, who already had an apartment, and the owner of the house that they were renting an apartment in was sold and the new owner did not want to renew their lease. At least that is the story I was told. All I know is the verbal terms of his returning to my residence have been broken by him and he does not feel I can make him leave because he is my son.