Legal Question in Real Estate Law in New York
eviction of ex-boyfriend
How do I go about evicting an ex-boyfriend who has lived in my home for the past 3 years. He refuses to leave and says this is his legal residence and doesn't have to leave.
1 Answer from Attorneys
Re: eviction of ex-boyfriend
You would have to give him a 30 day notice (really 1 month). If you live in NYC, notice must be served. If you live outside NYC, you may deliver written notice.
When I say 30 days, really I mean that if you serve the tenant by end of June, tenancy terminates on the last day of July 2009.
Come August 1, 2009, you would prepare a notice of petition and petition for a holdover tenant, file and have a process server deliver the papers to your boyfriend. You would then have to go to Court to prove the grounds in the petition and obtain a Judgment of Possession and Warrant of Eviction. Upon obtaining the Warrant, you would have the Sheriff (or Marshal in NYC) formally evict the tenant.
Mike.
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