Looking to evict ex-girlfriend from home I own

[albken]

Jurisdiction

New York

I own a my home in New York (outside NYC, in upstate NY as I think NYC has different laws...). Just a few weeks short of a year ago, my girlfriend moved in with me, since then the relationship has fallen apart. During her time here, she has paid no rent, and no utilities. Her 7 year old son is here on weekends, but lives with his father Monday - Friday. She stopped coming home 3 weeks ago, although she stayed a night or two here and there as we were trying to work things out. The last time she stayed here was Friday (a week ago tomorrow).

What are my options for getting her out? Since she is staying with her friend, can I consider her moved out and change the locks, giving her reasonable time to get her property (30 days?).

Do I need to serve her with a 10 day or 30 day eviction notice, then follow up with the court eviction process?

There is no problem with her refusing to leave, as she does not want to be here and has other places to go (even on the weekends with her son). But I do not trust her and want to change my locks... plus I want to get her stuff out of my house.

I understand that she has tenant rights, as she was invited to live here and stayed over 30 days... if she does not sleep here for a period of time, does she lose those rights? Does it matter if she occasionally stops here when I am at work to get clothes and stuff? Does she need to find a new permanent residence before I can change the locks?

I am trying to get her to agree to give me back the keys, and I will allow her time to find a place and get her stuff out, but if she won't, what are my options? I no longer trust her with full access to my house and my property... she's been hanging out with a bad crowd, which is why the relationship fell apart. If I need to evict, is a 10 day notice to quit sufficient, as there is no lease, and she did not pay rent or utilities here? Or do I need to give her a 30 day notice.

 

[adjusterjack]

My opinion and $4 will get you coffee at Starbucks.

However, a 10 day notice is sufficient if she is a licensee and not a tenant. This is covered by the following statute:

2015 New York Laws :: RPA - Real Property Actions & Proceedings :: Article 7 - (Real Property Actions & Proceedings) SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY :: 713 - Grounds where no landlord-tenant relationship exists.

Based on your description of the relationship and its end my take is that she was a licensee and not a tenant.

Unfortunately, NY courts have not been totally consistent on the issue. See Lally v Fasano and scroll down to the two paragraphs that have the word "girlfriend" highlighted:

Google Scholar

With that kind of confusion I can only suggest a common sense approach.

Change the locks and give her 30 days written notice to get her stuff, at her convenience, even if it means taking time off from work to accommodate her. Then file for a Writ of Possession in court if the stuff is still there after the deadline. That protects your right to evict, worst case scenario.

Don't even get into the discussion of tenant vs licensee. I doubt that she's spending any time looking up statutes and case law.

Meantime, make a dated, photographic inventory of all her stuff.

If she gets ticked about the locks, what's she going to do? Sue you? For what? You're safeguarding her belongings, she has no damages, etc, etc. I wouldn't sweat it.

 

[albken]

Thank you for your response... I would like to think I could just change the locks under the premise that she has already moved out.

Can written notice (to remove property) be through text message or email (or both) or should I prepare a document and hand it to her next time I see her?

 

[adjusterjack]

Best to deliver a written notice and keep a copy. Have a friend there who can testify that you delivered the notice personally if things get dicey and you end up in court.

 

[Michael Wechsler]

All true. New York courts (especially in New York City) are generally very protective of tenants' rights. You will want to have some type of record as to the conversation regarding ending her time in your home and agree with @adjusterjack on ensuring that there is some proof that she has received the notice. Keeping a paper trail can and will help too, such as text messages that confirm the substance of your understanding. It's good that you have chosen not to immediately resort to a lockout, which can get zealous landlords and property owners into trouble.