What to do if my friend’s boyfriend moved in with her 2 weeks ago but she already realizes it was a huge mistake so has asked him to leave but he refuses?

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What to do if my friend’s boyfriend moved in with her 2 weeks ago but she already realizes it was a huge mistake so has asked him to leave but he refuses?

He gave up his previous apartment. He has not paid rent or bills and my friend is the lease-holder. He has threatened to sue her. what are her options? Both parties are elderly, over 70.

Asked on October 14, 2012 under Real Estate Law, New York

Answers:

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

Answered 9 years ago | Contributor

Since he's been there less than a month and hasn't paid any rent or paid for any bills, he is merely a guest not a tenant or even a formal occupant. Consequently, she can remove his things and change the locks if she wants to. In lieu of that, she could attempt to have him removed by the police as a tresspasser. However, the police are typically reluctant to take such action in these type cases; they view such things solely as a civil matter. So she may have to go the route of eviction, however first she will have to serve this man with a notice to quit. Considering his threat of a lawsuit, she may just want to go through the courts for her protection.

At this point, she should consult with a local attorney for help or contact with a tenant's rights group in her area.


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