How do you evict a domestic partner from an apartment after 17 years?

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How do you evict a domestic partner from an apartment after 17 years?

Asked on January 15, 2013 under Real Estate Law, New York

Answers:

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

Answered 9 years ago | Contributor

If you are the only one named in the lease, then you can evict your partner, at least upon taking all legal and necessary steps for doing so. However, if you are both on the lease, then only your landlord can evict your partner. Further, you should be aware that even if your partner is not on the lease, if the landlord accepted rent from them diectly, let them put their namw on the mailbox, etc. then your partner has legally obtained the status of tenant.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are on the lease but not the domestic partner with the landlord, then there is a sublease situation. You then serve the domstic partner with a thirty (30) day notice of termination of the sublease. If the domestic partner does not vacate in the stated time period, an eviction lawsuit filed in the county courthouse seems to be the next option for you.


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