Can I have a family member who is moving into my home sign a document stating that they have to leave by a specific date without having to evict them legally?

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Can I have a family member who is moving into my home sign a document stating that they have to leave by a specific date without having to evict them legally?

There are moving in temporarily but for over 60 days.

Asked on December 30, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you can't do this because if they violate the agreement, you are not allowed to lock them out yourself--you'd still have to go court to file either an evicition action (if they are a subtenant of yours--i.e. paying rent in one form or another) or an ejectment action (if they are a guest or invitee; that is, not a subtenant). That's not to say that it wouldn't be a good idea to put the agreement in writing, since a written document will help in court, but there  is no way to avoid having to go to court if they won't leave. You could also put in the agreement that if you have to go to court, they will pay all court and legal fees.


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