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eviction of ex boyfriend

Discussion in 'Other Residential Landlord & Tenant Issues' started by lnich61c, Jun 11, 2019.

  1. Jun 11, 2019 #1
    lnich61c

    lnich61c Law Topic Starter New Member

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    Jurisdiction:
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    I live in nys. I rent and on the lease is listed my dtr and myself. her ex boyfriend lived with us on occasion. he was abusive towards my dtr and started with me. I gave him 30 days notice but on day 26 he shoved my dtr into the tub. I asked him to leave. on his request he returned my house keys but used my car for work. he was not listed on my lease and was illegally staying with me per my lease agreement. he never paid rent. I still have his belongings here and his threatening me with legal issues. I contacted the nys police and they said he doesn't have a leg to stand on and that I need to submit an eviction notice to the courts to get his stuff removed. do I have any worries.
     
    lnich61c, Jun 11, 2019
    lnich61c, Jun 11, 2019
    #1
  2. Jun 11, 2019 #2
    lnich61c

    lnich61c Law Topic Starter New Member

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    when can I expect a reply back
     
    lnich61c, Jun 11, 2019
    lnich61c, Jun 11, 2019
    #2
  3. Jun 11, 2019 #3
    Zigner

    Zigner Well-Known Member

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    Have you filed yet? I'd go for a protective order concurrent with the eviction.
     
    Zigner, Jun 11, 2019
    Zigner, Jun 11, 2019
    #3
  4. Jun 11, 2019 #4
    Zigner

    Zigner Well-Known Member

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    This isn't a chat board, it's a message forum with volunteers offering advice. Patience is a virtue.
     
    Zigner, Jun 11, 2019
    Zigner, Jun 11, 2019
    #4
    justblue likes this.
  5. Jun 11, 2019 #5
    lnich61c

    lnich61c Law Topic Starter New Member

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    I tried for an order of protection but the police stated he didn't physically threaten us
     
    lnich61c, Jun 11, 2019
    lnich61c, Jun 11, 2019
    #5
  6. Jun 11, 2019 #6
    Zigner

    Zigner Well-Known Member

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    He freaking assaulted you. Did you go to the COURT?
     
    Zigner, Jun 11, 2019
    Zigner, Jun 11, 2019
    #6
    justblue likes this.
  7. Jun 11, 2019 #7
    lnich61c

    lnich61c Law Topic Starter New Member

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    lnich61c, Jun 11, 2019
    lnich61c, Jun 11, 2019
    #7
  8. Jun 11, 2019 #8
    lnich61c

    lnich61c Law Topic Starter New Member

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    no. after he shoved my dtr into the tub I asked him to leave and he became verbally abusive towards me
     
    lnich61c, Jun 11, 2019
    lnich61c, Jun 11, 2019
    #8
  9. Jun 11, 2019 #9
    justblue

    justblue Well-Known Member

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    Why didn't you/daughter call the police and make a criminal complaint?
     
    justblue, Jun 11, 2019
    justblue, Jun 11, 2019
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    Nurse911 likes this.
  10. Jun 11, 2019 #10
    Zigner

    Zigner Well-Known Member

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    Oh, I'm sorry, you're right. He didn't assault you, he assaulted YOUR DAUGHTER!

    Go here, read, then GET TO COURT TO PROTECT YOUR DAUGHTER AND YOURSELF!

    Frequently Asked Questions - Obtaining An Order of Protection
     
    Zigner, Jun 11, 2019
    Zigner, Jun 11, 2019
    #10
  11. Jun 11, 2019 #11
    Zigner

    Zigner Well-Known Member

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    I misread your OP and thought your daughter was a minor. It appears that your daughter is an adult. BOTH you and your daughter need to head to court. The police don't issue a protective order (order of protection)...the court does.
     
    Zigner, Jun 11, 2019
    Zigner, Jun 11, 2019
    #11
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  12. Jun 11, 2019 #12
    zddoodah

    zddoodah Well-Known Member

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    Evict the guy.

    Seek a protective order (as should your daughter).

    Don't take legal advice from the police.
     
    zddoodah, Jun 11, 2019
    zddoodah, Jun 11, 2019
    #12
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  13. Jun 11, 2019 #13
    mightymoose

    mightymoose Moderator

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    Agree. Step one is a restraining/protective order from the court. At the time of an incident of domestic violence police actually will provide a temporary order after contacting a judge for you.

    At this point you need to do it on your own. It is not difficult to obtain and based on what you said here you will likely get what you ask for.

    These orders often include immediate move out orders which could fast track your eviction effort.
     
    mightymoose, Jun 11, 2019
    mightymoose, Jun 11, 2019
    #13
    Zigner likes this.

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