A
albken
Guest
- 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.
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.