Q: How to remove an ex girlfriend from the home I own. She is not on the deed but refuses to leave. It has been over a year

A: In New York, removing an ex-girlfriend from a home you own, where she has been living without a formal lease agreement, can be complicated, especially when she refuses to leave voluntarily. Given that she has resided in the home for over a year, she is likely considered a "tenant at will" under New York law, despite not being on the deed or having a lease. This status affords her certain rights, including receiving proper notice before eviction.

You've mentioned attempting the eviction process by filing a 10-day notice multiple times and then a 30-day notice, followed by court action, which indicates you've initiated the correct legal steps. However, her last-minute response at the court appearance complicates matters. In such cases, the legal process must be meticulously followed, and any errors or omissions in the procedure can result in delays or the need to restart the process.

Given the seriousness of her refusal to leave and the threats made regarding the property, it's imperative to proceed with the assistance of a legal professional who specializes in landlord-tenant law in New York. Evicting a tenant at will or an informal occupant in New York requires adherence to specific legal procedures, and the situation's sensitivity—given her threats—underscores the need for professional legal assistance to resolve this matter safely and lawfully, ensuring your rights as a property owner are protected.

A: There is a path to take but you will require an attorney. You and your attorney will decide how to describe the legal status of the Ex you allowed to live in your home. Likely after so much time and after abandoned attempts to get to a judge you may require Real Property Law Section 226-C written notification followed by filing a Holdover Petition. The threat to burn down the house may be criminal. This person may be a real and present danger.