What to do if my children are 22 and 25 but they neither work or go to school and I want them to leave my house?

I have asked them repeatedly to get out but, of course, they are still there. I actually rent the house. What can I do through the courts or otherwise to effectively remove them from the premises?

Asked on January 22, 2013 under Real Estate Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You have three main options depending on the willingness of your landlord and the police to assist you.

The first is to ask the landlord to issue them a criminal trespass warning or for him to formally ask them to leave as unapproved tenants.   Sometimes a "get out" from someone else will do the trick.  As an extra incentive, he may tell them that they will need to pay an additional rental fee.  They are probably still there because they want free rent.  If your landlord is a jerk and is likely to take this out on you, then don't go this route.

A second option is to call the police and see if they will give you assistance with the "trespassers."  Some will help, but some will not because they view this as a civil matter.  I'm suggesting this because in the off-chance that it will work, it won't cost you anything.

If neither of the first two is viable, you'll have to go through the courts.  If they have been abusive with you and that's why you want them gone, you may be able to get a protective order that prohibits them from coming near you or your residence.   If they are nice kids other than the fact that they want to bum off of you, then you will need to go through eviction proceedings to get them removed.  This suit is filed in a small claims court.  Many small claims courts in New York have forms (online or at their office) which can help you work through the process.  Here is a link which will be a good starting point:  http://www.courts.state.ny.us/courts/nyc/housing/eviction.shtml

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

tHEY ARE YOUR GUESTS OR INVITEES UNDER THE LAW. THEREFORE, ALL YOU NEED TO DO IS FORMALLY IN WRITING SERVE THEM WITH A 10 DAY NOTICE TO VACATE THE PREMISES. IT MUST BE SERVED UPON EACH OF THEM. IF THEY DO NOT VACATE AFTER THE TEN DAY NOTICE, YOU MAY START A SUMMARY PROCEEDING. THE COURT YOU DO THIS IN DEPENDS UPON WHERE YOU LIVE IN NEW YORK. ON LONG ISLAND IT IS DISTRICT COURT. IN THE CITY IT IS HOUSING COURT. IN MOST OTHER MUNICIPALITIES IT IS USUALLY TOWN OR JUSTICE COURT. IF THEY PAY ANY RENT, THEN THEY CAN BE DEEMED A TENANT AND WOULD BE ENTITLED TO A 30 DAY NOTICE.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you want you adult childrn out of the unit that you rent where they are not on a lease you need to serve them with a thirty (30) day notice to vacate since they are techically your sub-tenants. If they do not vacate in the thirty (30) day time period, your legal recourse is then to file an eviction lawsuit against them in your local county court house. If matters come to that, I suggest that you retain a landlord tenant attorney for help.


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