If my tenant is evicting her guest, what obligation do we has landlords have to him?

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If my tenant is evicting her guest, what obligation do we has landlords have to him?

Have a female tenant on a lease for 5 years and she has had a boyfriend living with her for the last 3; he is not on the lease. He has become abusive and she is asking him to leave today. What obligation do we have to him and how soon can he be asked to vacate the premises?

Asked on December 28, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the boyfriend is simply occupying the rental that you have as the landlord and is not a tenant, you really have no legal obligation to get involved in the abusive situation. However, if he is technically not allowed to be in the premises on a daily basis, and you want to help your tenant get rid of him, you can simply request that he leave by a set date.

If he fails to do so, then you can serve him with a 30 day notice to vacate and file an unlawful detainer action if need be. Assuming he vacates, I recommend that new locks be placed on the rental and you give the female tenant the new key. It will make her feel safer most likely in the rental.


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