If Iget a restraining order on my ex, how long would he have to get out of the apartment?

I have an ex living with me but I wrote up a letter giving him 30 days to vacate after speaking to a lawyer. He did refuse to sign it though and still refuses to leave. We have a child together and so I was trying to avoid getting a restraining order or else he would not be able to see our daughter. However I think that may be my only option. I was just wondering how long after the restraining order would he have to leave the apartment and could I have him held liable for damages he has done to the property to (to avoid my losing my security deposit).

Asked on December 15, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue is assuming you file a peitition for a restraining order against your "ex", is will the court grant it and if the court grants the retraining order precluding contact by your "ex" as to you, what will the terms be? Meaning, the ultimate decision as to what the terms would be for the restraining order assuming it is granted.

The best way to resolve the terms of the desired restraining order is to get a signed stipulation by your "ex" prepared by your lawyer and submit it to the court for signture. There is the possibility that after the "ex" leaves the unit, you could be held liable for its damages by the landlord. I suggest that you have a walk through agreement signed by the "ex" assuming he moves out setting forth what damages there are to the unit for future need and reference dated and signed by him.


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