A Bronx tenant eviction lawyer addresses the guest who stays, and stays, and stays, and…
Maybe it’s a significant other in a relationship gone sour, an adult child or sibling who moved in “temporarily” or a friend in need who can’t seem to get his or her life together. Whoever it is, this person has been living in your home for too long and you’ve had enough. In this article, a Bronx Landlord-tenant eviction lawyer gives some advice on how you can rid yourself of this freeloader.
Just To Be Clear
This is not somebody who pays you rent. This is somebody under your roof living as your guest, and whose departure time has long since passed. We call this person a Licensee.
If the person has been with you less than a month they may have no rights under statute. Simply confront the individual directly and explain that he or she must find other quarters/ Failing that, you may call the authorities and have the police remove the person from the premises.
This is the only self help exception that a person can use in the sphere of residential Landlord Tenant law in New York. If you lock someone out who has the ability to show residence in your home more than 30 days, and/or that a Landlord Tenant relationship exists, you may be subject to damages and even incarceration for locking them out without due process.
If the “guest” has given your house as a primary mailing address and can show she has been living in your home for more than 30 days, then a residence claim may have been established under the statutes. In such a case, you should seek assistance from an attorney in order to initiate the proper steps to evict this person. Under the RPAPL, you will need to give your notice to the “guest” in accordance with the statutes in force in your area. In NY this would be a 10 day notice to Licensee served by a licensed process server. In NYC you need a Judgment of Possession and the issuance and execution of a Warrant by the City Marshal to gain possession if the guest refuses to leave
Don’t Be Imposed Upon
We all like to help others, but even those close to us may take advantage. Your Bronx tenant eviction lawyer can help you protect yourself. Contact Evan Rogers at 718-994-1640 and make your home your own again.