Q: How do I remove a person from my home who is not on my lease?
I live in Brooklyn, New York. How do I remove a person from my home who is not on my lease and has been staying with me for almost 1 year without paying any bills or money towards my rent. I attempted to have him removed by calling the police, but they stated since he lived with me, I could not put him out.
A: First you have to serve him with a 10 day notice to quit. If he doesn’t move after the 10 days you must serve him with a 30 day notice. If he still doesn’t move you must initiate an eviction proceeding
Steven Warren Smollens agrees with this answer
A:
Dear Brooklyn Tenant
I gather the occupant is a guest who wants a court to order an eviction instead of just volunteering to leave you alone in your home.
This means that you are likely to need a lawyer. First to discover facts. Second to inform you of the choices that exist for preparing the written notification to your guest to get out by a certain date. Right now based only upon your unverified statement, your guest is a Licensee and subject to a ten day notice to quit served by a nyc licensed process server.
A conservative approach is to treat the unwanted as a tenant at will and serve the proper termination notification, either a sixty days advance notice or thirty days notice.
If the guest doesn't move out the hard stuff begins.
A Housing Court lawsuit that could take up to half a year or more to conclude.
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