Can the parents of a 19 year old with a child of 2 years and a boyfriend be evicted from parents basement?

Our 19 year old with a 2 year old baby and boyfriend has been living in our basement sense March 09. We asked for rent to be paid beginning in June of 250. We have only received 125 sense we asked for rent to be paid. They are provided with all utilities plus phone, cable, Internet, access to kitchen, and all personal items. They do not pay for any of these items. Can I evicted them from my home without notice. They do very little picking up after themselves., with no other cleaning involved for them.

Asked on July 5, 2009 under Real Estate Law, Montana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Since your daughter is of majority age and entered your premises with permission, she is considered to be a social guest, or under New York law a "licensee".

RPAPL §713 lists the grounds for eviction where no landlord-tenant relationship exists.  This includes people remaining after a foreclosure sale, former owners, squatters who intrude or who remain after permission to remain has been revoked, and a licensee whose license or permission has expired or been revoked (your case).  Before evicting a person on these grounds, the statute requires that the person to be removed must first be given a “ten day notice to quit.

Since a matter such as this can be an emotional and legally technical one, you may want to consult with an attorney in your area.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you do not want them living in your home if your daughter is 19 she is considered an adult. Based on what you said there is no contract stating they can reside in your home and really there has been no legitimate exchange of value to constitute valid consideration. At this point you are welcome to tell them to leave because it is your home and they are entitled to live there only with your permission.

However assuming they don't leave upon request I would advise you consult with a local attorney. Although i am sure you don't want this to go that far it is better to be prepared in case you are required to pursue this legally. The attorney can help you prepare for the possibility that they refuse to leave. Oftentimes with the fear of legal action people will cooperate so you may be able to simply suggest further action to get them to leave. or your other option would be to have them agree via a binding contract to pay rent. that way both parties are protected and if they fail to pay you can evict them for breaking a binding contract.

Either way i suggest speaking with a local attorney to review the specifics of your case and see what if anything they can do to help you remedy this situation with as few problems as necessary. Good luck

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