Legal Question in Family Law in New York

Re: Ex won't leave the premises

Are you the owner of the house, or on a lease. This is an important fact to know.

If you are a month to month tenant, the easiest thing to do is give notice to your landlord, and just leave him behind.

If there is a lease, or you own the home, is his name on the lease or on the title to the property. If so you are stuck with him, and this could involve a long and costly lawsuit.

If you are alone on the lease and title to the property, the quickest way is to have your lawyer send him a 30 day notice begining just before the 1st of the month. If you want him out you must serve him with a 30 day notice prior to May 1, 2008.

On May 2, 2008, you can start a proceeding to immediately evict him in your local court (Town, Village or City).

A lawyer can help you prepare the papers, have the papers served and filed, and in the end if he doesn't move, have the Sheriffs or Marshalls, actually physically evict him from the premises.

Yes you can throw him out on the street with his belongings. It takes some time, but once you start the proceeding he may just leave on his own, without the police escorting him from the premises.

If he physically abuses you, call the police right away, and they may escort him from the premises.

If you need more information, please feel free to contact me.