Squatters rights? Long but please bare with

[kshortyr]

So my mother was having a surgery done about two years ago. I was out of the house living with a boyfriend at the time, and she decided to let a "friend" come stay with her to help her out, and claimed he would pay her 50$ a week. A couple weeks after the surgery sugar turned to poop and the guys true colors came out. He doesn't help AT ALL, is quite obscene, obnoxious and belligerent. And he does drugs in the house. He has other charges pending o him in County court that they have been putting of for a year already. When she told him to leave, he claimed these squatters rights and refused to leave. She had the cops here on several occasions, but they refuse to take him out and tell her to go to the sheriffs. She did that they told her go to justice court. They yet again tell her they can't do anything. She got a restraining order but it's not a "stay away" order so that won't remove him. I came home for her protection, and sleep in the living room with her. I even got into an altercation with him, and lo and behold, cops still did nothing. They tell her tecnically since he's been here 30 days if she removes his stuff or changes the locks, SHE could get in trouble. There is not legal lease between the two of them, and the lease on the Apartment is in mine and her names only. They have another court date, and until then they will do nothing, and even then say it may not remove him.. I can't believe the law is so against us on this, as we are living through hell. It's like they are just sitting waiting for something horrific to happen. I'm so at wits end, and got horrible thoughts, like maybe if someone gets stabbed they will finally pay some attention. Please any advice??? We live in NY

 

[mightymoose]

You have options.

What you should have done long ago is begin the eviction process. That is how you get him out legally. The police will not remove him without an eviction order from a judge. I am certain the police advised you of this as it is so common... you need to follow through with that process.

Another option, if he is using drugs at the house call the police. If he is under the influence of a controlled substance they can arrest him and remove him. If he gets tired of being arrested he might just leave on his own.

You can also call your county sheriff and give his name and birthdate to see if he has any warrants. If he does, let them come and arrest him and remove him.

The law is not against you, it is on your side. You just have to follow the proper procedure.