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Lisa, Home Buyer in Fresh Meadows, NY

My sister invited a friend to stay with her until he finds a place of his own. The friend is no longer contributing to the rent and refusing to leave.

Asked by Lisa, Fresh Meadows, NY Thu Apr 11, 2013

How can she get him out? She is on a month to month rent in Ridgewood-the landlord is aware of the situation.

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Answers

4
The individual staying there has no legal right. your sister simply needs to call the police and have him removed from the premises. You may also change the locks when he leaves.
1 vote Thank Flag Link Wed Apr 17, 2013
I am a realtor for MyattRealty and a Paralegal at the Law office of Rene Myatt. Lease or no lease, if the person was there more than 30 days your MUST do a formal eviction proceeding, starting with a 30 day notice, followed by a petition and Notice of Petition Holdover. Call if you need assistance 718 468-3588.

Loretta V. Guy
Hollis, New York
1 vote Thank Flag Link Thu Apr 11, 2013
Just call the police, that should work.
1 vote Thank Flag Link Thu Apr 11, 2013
Thanks, Anu. She called the police and they said they cannot remove him from the apartment because after 30 days living there, he is considered a tenant. Also, my sister is on a month to month rental agreement; no lease.
Flag Thu Apr 11, 2013
She should call the police.

If he's not on the lease, he's not a tenant, and thus can't be evicted. But if your sister wants the guy to leave and he won't, then he's trespassing.

Hope that helps.
1 vote Thank Flag Link Thu Apr 11, 2013
Thanks, Don. She called the police and they said they cannot remove him from the apartment because after 30 days living there, he is considered a tenant. Also, my sister is on a month to month rental agreement; no lease.
Flag Thu Apr 11, 2013
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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