I have heard it many times from a caller who rented a nice apartment and then thought he found a really nice girl. They date and soon he invites her to live in his place, or maybe she just does not leave one day when he goes to work and in fact moves her child in with her into your living room.
If the girl (or boyfriend) has been in your apartment more than 30 days the police WILL NOT help you. You must find relief in Housing Court. In fact, you can get in trouble by locking someone out who can establish they have lived in your apartment for 30 days.
While personally I do not feel this is a fair law, it is on the books and the police know it. There is however PLENTY we can do to get the person out within the law.
In this case, my secretary called the client in to our office to sign a Ten Day Notice to Quit (Licensee). The Notice was then served on the “ex “ in the manner provided and mandated by law. This notice is a prerequisite to being able to file a case in Housing Court of the City of New York.
You should, if it happens to you, not hesitate to call me or any other attorney who can prepare that Notice, have it properly served and represent you in the Holdover case.
I told the caller to look on the bright side, as if he had married the person he could not use Housing Court and would be stuck with a VERY EXPENSIVE divorce battle. Housing Court is much less expensive than a battle in the Supreme Court.
The client was fortunate in that it was he who was on the lease and not the ex girlfriend and equally fortunate in that he had never asked for money for rent and that the ex girlfriend had never paid any rent either. Since there was no relationship of Landlord and Tenant the case went as expected with the client obtaining a Final Judgment of Possession. A Warrant issued to the City Marshal and the ex girlfriend was required to move out.
Be aware that the Housing Court Judges have been known to give generous time for even a freeloader or squatter to move without great regard to the hardship of the tenant of record or the owner of the premises.
One lesson to take to heart is that if you think there will be a problem, consult with an attorney as soon as possible.
We don’t charge for consultations so you have nothing to lose by emailing or calling our office.