How do I get rid of a boyfriend who does not pay any bills and was with me for a long period of time?

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How do I get rid of a boyfriend who does not pay any bills and was with me for a long period of time?

He must go.

Asked on December 21, 2012 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

At this point, even though your boyfriend has not paid rent (and I assume no utility bills, etc), he still has rights. While not a formal tenant, since he was invited onto the property to stay, he will be considered to be either a "licensee" or "lodger". However, since there was a domestic type relationship involved, he will more than likely be considered to be a lodger. Accordingly, he must be served a 30 day notice to vacate the premises (10 days if he is in fact a licensee). If he fails to vacate by at point, you will need to file for an "ejectment" (or an eviction lawsuit known as an unlawful detainer if he is a licensee). At such time as a judge issues a "writ of possession", if he still remains on the premises, you can have the sheriff forcibly remove him if necessary.

in the meantime attempt no self-help measures (e.g. changing the locks, removing his belongings, etc.). If you do, you could find yourself in legal trouble.


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