What is the proper procedure for removal of an adult stepson from the house if he refuses to leave?

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What is the proper procedure for removal of an adult stepson from the house if he refuses to leave?

I have a 23 year-old stepson who lives in my mother’s house with the rest of the family. He doesn’t want to work to support himself, has caused damage to the house and is causing a serious upheaval in my home. I pay all the bills and provide for the family. He was told he had to leave. He refused and called police who said I could not put him out since he was here longer than 30 days. The next morning he took his personal property and left. He is now staying elsewhere. Locks on the home have not been changed. What are the proper procedures for removing him from the household to prevent his return?

Asked on June 26, 2011 under Real Estate Law, New York

Answers:

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

Answered 10 years ago | Contributor

In a case such as this, your stepson will be considered to be a "licensee".  That is someone who entered and remained on the premises with permission for an extended period of time.  Now that permission has been revoked the lawful way to remove him from the premises is to serve him with a notice to quit (under the circumstance this notice can be for 10 days).  If he fails to leave at the end of that time you will have to file an unlawful detainer i.e.eviction) in court. Once a judge enters an order for him to vacate the property it will be enforced by the sheriff, using physical force if necessary.

What you you really should do now id to speak with an attorney in your area.  They will advise you on the correct procedures for all of this.  If you fail to comply with these procedures you could find yourself on the wrong end of a civil suit for unlawful eviction.


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