Legal Question in Civil Rights Law in New York

Removing an unwanted family member from parents home

i have an adult family member who is living at my home. this member works but refuses to help me with mortgage. currently he is paying an electric and cable bill and feels this is good enough. he also has two children that are with him in my house. many time he has indicated that he will be moving but never does. he has sponge off me long enough, what can i do.

there is no tenant/landlord or lease agreement between us. can i just kick him out.i'm hoping i don't have to take him to court just to get him removed from my house as i can't afford the cost. he has broken me long enough.


Asked on 10/13/06, 1:14 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Removing an unwanted family member from parents home

If you aren't married and his name isn't on the lease, you should be able to have him removed by the police. However, if he has an equal right to occupy the house, for instance, if you are brother and sister, and your parents have no say or are deceased,you will need to get an order.

Different counties treat this situation differently, especially if there are children living there too. The police won't force the children out on the street.

My suggestion would be to take whatever proof you have regarding your right to live in the house with you to the police station and speak to an officer about the situation.

You may have to get a protective order if he is threatening you,and if he isn't, perhaps the court will compel him to chip in equally to reside there.'

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Answered on 10/13/06, 12:58 pm


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