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

    Mar 9, 2009, 07:14 AM
    Family member eviction
    I need some legal advice regarding the eviction or removal of a family member in my household. My stepson, age 19, refuses to work and rarely does anything to help out. I own the property-the deed is in my name with my wife as secondary. Neither one of us can deal with him any longer, and he needs to go. We've both told him to pack his stuff and find somewhere else to go, because he's not taking advantage of us any longer. What's the legal process to make him leave? Can I just call the Sheriff's office to have an officer escort him out, or do I/we need to file eviction proceedings? Any help would be greatly appreciated. If there's state/county specifics needed, it's Clinton County, NY state.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 9, 2009, 07:18 AM

    He needs to be evicted in accordance with NY law.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Mar 9, 2009, 07:18 AM
    First you have to give him a written notice that his tenancy is terminated and he has 30 days to leave. If he hasn't left within that time then you have to file a lawsuit for eviction.
    getpeopleout's Avatar
    getpeopleout Posts: 2, Reputation: 1
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    #4

    Mar 9, 2009, 03:47 PM
    Quote Originally Posted by JudyKayTee View Post
    He needs to be evicted in accordance with NY law.
    I understand that, I'm asking how to do this. He's not a tenant and there's no rental agreement. Can the police be called to have him removed?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Mar 9, 2009, 04:51 PM
    No, you cannot call the police to remove him. I'll repeat myself: "First you have to give him a written notice that his tenancy is terminated and he has 30 days to leave. If he hasn't left within that time then you have to file a lawsuit for eviction."
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