[LMP922]

My daughter came to live with because her mother for using drugs back in 2009. She has been with me since but has not improved. Years of therapy, Psychiatrist appts, and even outpatient programs have not helped her. She has borderline personality disorder and does not take her medication. I offered her a residential treatment program, but she refuses help. She has broken into our home, broken our light post and basement window as well as a side door which cost us a lot of money to fix. She ruses to get a job or pay any rent- she doesn't even want to go to college. She tells us "I don't want to work hard". I have a 4 yr old os who has been exposed to her outburst in our home and I am concerned for his safety. My wife and I have hit our bottom with her and we need for her to leave our home. We recently found marijuana and dynamite (cocaine and heroin) pills in her room which set us over the edge. She refuses to follow our rules and thinks she can do as she pleases in our home. I have a call into a family court lawyer, but I have not heard back.

What is the legal procedure I can follow in NY state to remove her from my home.
Thanks!

[Fr_Chuck]

You will need to evict her as you would anyone. You will have to give a written notice for her to move. Then file in housing court if she does not move out when told.

Contact your housing court for evictions.
** it does not matter that she is family and does not matter that she is not paying rent.

[ScottGem]

You need to give her a calendar month's notice to vacate. If she doesn't leave by the deadline, then you need to file for an eviction order with your local housing court.

If she is a danger to your household than you may be able to get a restraining order against her.

[LMP922]

Thank you Fr_Chuck and ScottGem for your responses.

ScottGem I gave her notice to leave my home 2 months ago. I told her I wanted her out by the new year ( more than 30 calendar days notice) the only thing is - I didn't have it in writing. It was a verbal notice. I even offered to pay for the security deposit on an apartment for her to get her out.

I will follow both your advice and do this in court legally. My home is a crazy house right now. She's been stealing from my wife (jewelry, iPod, purses etc... ) and now my 4 yr old son tells me he doesn't want her around. He doesn't like her because he is scared.

I can't do anything else to help her because she has refused all of the help I and doctors have offered :-(

[ScottGem]

Yes, to physically remove her, you have to follow the law. Which means a written notice.

In the mean time lock up your valuables.