Legal Question in Real Estate Law in New York

I own my home and allowed a friend to stay after a car accident until he got on his feet. I have since asked him to leave 3 months ago since he is working, he started contributing to the household and promised to start looking for another place. This month I told him to leave again, he refused unless I legally evicted him. We've had a domestic violence incident a couple weeks ago where the officer asked him to leave that night. I went to county court to have a removal order signed, the judge refused due to the lack of a relationship (tennant verses guest??) I am now starting the eviction process. My question is can I move his clothing and personal items from my room where they have been stored to a common room? He continues to use my home and belongings as his own without regard to my well being ( wakes me up early in am to get his clothes etc from my room, removed my clothing from hangers in closet to annoy me etc., put salt in my coffee maker, unplugged my computer). I am looking to secure my home and belongings while going through the eviction process, what are my rights?


Asked on 10/31/10, 4:55 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

My question is can I move his clothing and personal items from my room where they have been stored to a common room?

A. I would advise that you leave his items alone until you receive a Judgment of Possession and Warrant of Eviction. Furthermore, you must have either the Marshal or Sheriff evict. There is no self-help eviction.

Mike.

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Answered on 11/05/10, 5:12 am


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