Do I need to go to court to get my ex removed the home even if he is not on the lease?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Do I need to go to court to get my ex removed the home even if he is not on the lease?

Asked on December 2, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, someone can only be removed from a residence by the courts. If he has been living with you as your guest (that is, you allowed him to live with you, but he did not have a lease, whether written or oral, and did not pay you rent), you would have to file a "ejectment action." However, if he was paying some rent, even if there was no written lease, he was a tenant; in that case, you can only evict him for nonpayment or, if there is no written lease, after thirty days notice terminating his tenancy (since without a written lease, he a month to month tenant).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption