How do I kick someone out of my home that's not on the lease? - Lawyers.com
QUESTION

How do I kick someone out of my home that's not on the lease?

Asked on Aug 06th, 2012 on Landlord and Tenant Law - New York
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How do I kick someone out of my house that is not on the lease. They moved in with me several years ago, but I do not want them living there anymore. How do I go about doing this legally?
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13 ANSWERS
Andrew M. Capelli
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Answered on Sep 04th, 2012 at 7:52 PM
If the person resides there- even without a lease- you will need to file formal eviction proceedings with your local district court in order to legally remove that person from your home. Good luck!

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Answered on Aug 22nd, 2012 at 11:03 PM
If the person has been paying you rent, then give them a 30-Day Notice of Termination. If they have not been paying you rent (or some other type of consideration, such as buying groceries or paying the utilities), then they are a "tenant at will." Serve them with a 5-Day Demand for Possession. If they do not leave, then on the sixth day file an eviction action.

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Answered on Aug 22nd, 2012 at 6:03 AM
Even if this person (or persons) has no lease agreement, you can evict him or her (or them) using the regular eviction process. You should retain an attorney for this purpose if you don't know exactly what to do.

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Leonard A. Kaanta
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Answered on Aug 22nd, 2012 at 6:03 AM
You give them a notice to quit.

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Answered on Aug 22nd, 2012 at 6:03 AM
Give them an eviction notice.

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Answered on Aug 22nd, 2012 at 6:02 AM
You can file a lawsuit for ejectment.

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Answered on Aug 22nd, 2012 at 6:01 AM
You'll need to serve them with a 15 day notice to vacate and then proceed through the normal eviction process if they do not leave at that point. Online assistance preparing the pleadings you'll need can be found at www.utcourts.gov/OCAP.

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Dennis P. Mikko
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Answered on Aug 22nd, 2012 at 6:01 AM
You could serve on them a 30 day notice to quit. If they did not move within the 30 days, you would have to start an eviction proceeding.

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Answered on Aug 22nd, 2012 at 6:01 AM
You will need to follow the Summary Procedures statute (and court rule) - you must send them a "notice to quit - termination of tenancy" - and give an equivalent amount of notice to the rental pay period (usually 30 days/1Month). If they don't move out, you would file an action in District Court to remove them.

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Answered on Aug 22nd, 2012 at 6:00 AM
Evict him or her in housing court.

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Answered on Aug 22nd, 2012 at 6:00 AM
Serve them a notice to quit, file a complaint for possession/damages, obtain a judgment for possession/damages, then file a writ of eviction. Do this with the appropriate time table.

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Answered on Aug 22nd, 2012 at 6:00 AM
You must file an eviction action.

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Mr. Alan M. Smith
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Answered on Aug 22nd, 2012 at 6:00 AM
File an action for unlawful detainer.

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