Legal Question in Real Estate Law in New York

Nephew will not leave apartment

My brother in law took in his 19 year old nephew about a year ago. He lives in a one bedroom apartment. He let him sleep on the couch. This was suppose to be a temporary arrangement until he got a job and got on his feet. He brings people home at all hours of the day and night, makes a mess, blasts his music at all hours, etc. He is not paying rent or utilities. He refuses to move out. My brother in law went to the police and was told that if he's been living there more than 30 days, he can't just kick him out and change the locks-Even if he is not on the lease. He has been threatened with phyical harm if he tries to evict him. He has filed a complaint with the police and is waiting for a complaint # (their computers were down). How can he get this kid out?? Does he have to get a restraining order? Take him to court? Can the landlord of the building evict him? If he has to take him to court, what should he bring to make his case as strong as possible? Please help! This poor guy is SO stressed out! Thank you


Asked on 10/15/01, 2:34 pm

1 Answer from Attorneys

Savyon Grant Law Office of Savy Grant

Re: Nephew will not leave apartment

The best idea is to go to landlord tenant court & get an order to evict him.

I would also file a restraining order against him. The court might in this situation make hime leave the apartment.

Tell him next time, don't be a nice guy!

Savy Grant

Attorney at Law

201-646-9600

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Answered on 11/24/01, 10:04 pm


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