Q: i live in NYS and would like some advise on how to evict my boyfriend from my home.
BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.
A: Generally, to evict someone that you have a "family" relationship with, you would need to commence an ejectment case in Supreme Court. Although as an individual you are not required to have an attorney, I would strongly encourage you to retain local counsel to assist you.
Steven Warren Smollens agrees with this answer
A: First, you need to have him served with a 10-day notice to quit. If he does not leave after the 10 days, you have him served with a 30 day notice (i.e., must serve by the end of the month prior to the month at the end of which you are telling him to leave). If he doesn't leave, you must file with the court and have him served with a holdover petition.
A: I gather that the parent of your child is also not an Owner. I doubt that an eviction court would allow one parent to evict another parent. I suggest that you consult with a Family Law attorney.
Peter J. Weinman agrees with this answer
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