Legal Question in Real Estate Law in New York

Eviction

I presently live in an apartment which I own. A friend lives with me,whom I wish to leave but the person will not vacate. She has been with me for a few years ( Platonic Relationship ) How can I legally get her to vacate


Asked on 3/18/02, 10:51 am

1 Answer from Attorneys

Thomas Luz Pearce & Luz LLP

Re: Eviction

That depends on the relationship (legal, not platonic). Does she have a lease? Does she pay rent? Have you agreed to let her stay month-to-month? Are you in NYC or somewhere else?

If she's just freeloading, and you don't live in a city that gives her some right to hold over, wait till she goes out to work and change the locks. If she has the right to be there, either contractual or statutory, then give her written notice to vacate, wait until the right expires (end of the month, etc.), and then change the locks or sue to evict her, whichever the rules permit.

Generally, you can take back possession of your property as long as you don't breach the peace in doing so.

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Answered on 3/18/02, 12:24 pm


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