How to remove a roommate/ex-girlfriend fromyour home?
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How to remove a roommate/ex-girlfriend fromyour home?
I live in my home with a woman and her 2 kids. We were a couple but that has since ended. I want her out of my house. She doesn’t have a lease. She was pushing me to hit her the other night so she can have me arrested. She pays gas, electric and cable but not rent. Can I start eviction by sending her a certified letter giving her 30 days notice or I will start eviction?
Asked on October 1, 2011 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since she pays a form of rent (and utilities count), she is considered to be a "tenant" in the eyes of the law. Accordingly, you will need to give a a 30 day notice for to vacate. If she still refuses to leave, then would you need to file what is know as an "unlawful detainer" (i.e. eviction lawsuit). Once a judge issues an order for her to vacate she must remove herself from the premises or else ()you can have the sheriff come and do it.
However, until all of this is legally resolved don't be tempted to use any self-help measures such a changing the locks or removing her things. You could find yourself on the wrong end of a lawsuit yourself (for unlawful eviction)
This can all get as little technical, so you may want to have a local attorney who specializes in landord-tenant cases help you.
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