Legal Question in Criminal Law in New York
Eviction of a non-rent paying tenant
February 2004 - I agreed to let a friend stay in my home temporarily with me after losing his job, and while taking college courses to retrain for another job.
March 2004 - he moved several of his possessions into my basement, garage and his bedroom.
April 2004 - his unemployment benefits ran out
July 2004 - he completed his college program
August 2004 - he foreclosed on his house and moved several possessions into my home under the agreement that it would only be for a couple of months.
September 2004 - I asked him to have all his possessions moved out of the garage by October 31, 2004.
October 31, 2004 - no possessions had been moved out of the garage.
November 1, 2004 - He started a full-time, temporary job. I gave him 30 days notice to move himself and all his possessions out of my house.
November 11 - It does not appear that he has any intention of leaving as nothing has been packed up. Before confronting him I need to know what documents I should have completed, or if I need to file anything to help me ensure that he moves out by December 1.
We have no rental agreement. He has not paid any rent - not $1 since he has lived here.
What recourse do I have if he does not leave by 12/1/04?
2 Answers from Attorneys
Re: Eviction of a non-rent paying tenant
A non rent paying non lease signing tenant is called a "guest". I am not aware of any documents for you to complete. If he does not vacate you can tell him he's trespassing and call the cops.
Re: Eviction of a non-rent paying tenant
This is not a criminal law issue because the unwelcome person entered and took up residence with your permission. You must go to Civil Court, the 'Housing Part', for relief. You may also go the Supreme Court. You will petition for 'ejectment'.
Related Questions & Answers
-
Harassing e-mails Hi. I have a question. Recently I have been receiving very... Asked 11/08/04, 9:23 am in United States New York Criminal Law
-
Transfer Hello, I was inquiring whether it is possible to transfer a case or... Asked 11/02/04, 8:26 pm in United States New York Criminal Law
-
Underage + open container My friends and I were issued summonses for drinking in the... Asked 11/01/04, 2:08 pm in United States New York Criminal Law
-
Petty larceny Is a 17 year old charged as an adult in a petty larceny charge? If so,... Asked 11/01/04, 1:29 pm in United States New York Criminal Law
-
Stop payment on check My grandmother instructed her son, who had POA to issue 5 gift... Asked 10/30/04, 1:32 pm in United States New York Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
