Can I legally have someone who is bumming on my mom’s sofa removed from the premises?

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Can I legally have someone who is bumming on my mom’s sofa removed from the premises?

My parents are divorced. My mom lives with my younger brothers in an apartment my dad pays for. I’m out of the house. She currently has a so-called friend of hers sleeping on the couch for free. He does handiwork but there’s no official business transaction that’s occurring. I worry he is a threat to my little brothers. Is my mom or the stranger breaking any laws? What can I do legally to remove the stranger from the house?

Asked on November 27, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you do not own the unit or are paying the rent for the place that the so-called friend of your mother is staying at, there is very little that you can do to have that person leave other than have a meeting with your mother and father about your concerns.

I see no laws being broken by the "guest" staying at the rental that your mother occupies with the possibility that the written lease for the rental for the unit that you are staying in may have a limitation as to the number of occupants for it.

If you can get a copy of the lease for your mother's apartment, I suggest that you carefully read it in that its terms and conditions control the obligations owed to the tenants by the landlord and vice versa in the absence of conflicting state law.


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