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ginkoking · Jun 20, 2008, 09:55 AM

Hello

I am not a landlord but I am a lease and I have a squatter in my home since I became head of household once the passing of my mom on feb 29 08. My name is always on the lease but until my mom nolonger lived here I became the head of household. This squatter has been here with me since feb 29 08 and I would like him out. He has constructed a wall barrier in my living-room space without my permission while I was on vacation. I would like for him to move out of my home he said he's not going anywhere. But I do know that I can give him a 30day notcie and a 2weeks notice but when am I able to give him the notices? That's one and the other is do I have to go to court to get him out? His name has never been on the lease and he has never paid bills since living here before my mom passed and until now. Please can someone please help me. Please give me the answer I am looking for.

George_1950 · Jun 20, 2008, 09:58 AM

Welcome to AMHD. In which state is the property?

ScottGem · Jun 20, 2008, 10:06 AM

I'd like some more details about who this person is, how he got in the house and why you have let him stay for over 3 months. That has a bearing on how to get him out.

But essentially, you will probably have to go through a formal eviction process. This process varies by locality. So the best bet is to go to your local court and ask what the procedure is.

ginkoking · Jun 25, 2008, 10:53 AM

I live in New York city. And he was on parole when he moved in with my mom and I. he stayed here for seven years. Also he had was paroled to my mothers house but he gotten off 3yrs ago already. Its my brother and he doesn't assist me with any bills nor even tried to offer he did the same thing while my mom was alive. My mom passed recently on feb 29 08 and then I became head of household. So when I go down to my local courts they will tell me what to do. They offered me to get some bloomberg papers and other things but I'm not the landlord so what am I suppose to do. Please someone help me.

ScottGem · Jun 25, 2008, 11:21 AM

If he is residing in YOUR apartment you are his landlord and you can evict him.

JudyKayTee · Jun 25, 2008, 02:30 PM

Originally Posted by ScottGem

If he is residing in YOUR apartment you are his landlord and you can evict him.

Right - he's not a squatter. He is/was a guest or tenant and you have to evict him from YOUR apartment.

JudyKayTee · Jun 26, 2008, 07:24 AM

Originally Posted by Rich Slumlord

You have a few options available to you, as follows:

(1) Contact the authorities and explain your situation. They may help you to "encourage" the squatter to move, by warning him of the consequences.

(2) File for an eviction with your local District Court. This process takes on average 30 days.

(3) Pay the squatter to leave; while this is the opposite of what you may want to do, it could be quicker and easier (and less stressful), as you are giving him the means to find another place

(4) Make life "unpleasant" for him if he chooses to stay. While I am implying anything illegal, what I am suggesting is taking control of your home by changing locks, making noise (if he likes it to be quiet), turning some utilities off (that you may not need, such as cable TV, for example), or whatever else you can think of.

All in all, it's best to choose a "win-win" alternative, which leans me towards Option (3) first, followed by Option (2).

Good luck!!

This person is living there - and has been living there - and in every State I know is, in fact, a tenant or invited guest - and changing the locks is, indeed, illegal.

westnlas · Jun 26, 2008, 07:33 AM

The circumstances as to how the person came to live in the place has great bearing on what you can do to get him out. I really think you need to consult either a real estate attorney or a property management specialist to consider your legal options. You should probably follow their advice. My suggestions possibly would get you in trouble.