an in-law that has overstayed thier welcome but wont leave. has been here for over a year and payed not a single bill or even offered to help. so, with no legal ties to this property, can i have the police just put her stuff on the street?
2007-06-12 08:21:22 · 5 answers · asked by somany_questions 2 in Politics & Government ➔ Law & Ethics
Depending on the state, since there is no signed lease, the person would be considered a month to month tenant. Also depending on the state you will need to provide the relative a 15 or 30 day notice to vacate. Do this in writing and have them sign it, if not post it and note the date and time it was posted on their door in your house.
If they have made not further steps to leave you can then go to court to get an eviction done. You will have to file paperwork, get a date with a judge and if they do not respond to the court, a default judgement will be entered and eviction notice issued, which will be posted at the residence by the Sheriff's office. If they still won't leave, the Sheriff or police officer will put them out with their belongings according to the court order.
Hopefully it won't come to that.
2007-06-12 09:05:01 · answer #1 · answered by thequeenreigns 7 · 0⤊ 0⤋
If there is no written lease - the law assumes a month to month lease. That means give them a written notice at the beginning of the month asking them to leave at the end of the month. If they do not leave - take the thing to the local JP court and file for eviction.
Then the sheriff will help you once you win your case.
Oh I guess you could try to call the police and say they are trespassing - but if that does not work then go with the above.
2007-06-12 15:32:15 · answer #2 · answered by the_hilton 4 · 0⤊ 0⤋
Not in New York City. There is some kind of law that says if a person lives somewhere for x amount of days, they become a legal resident of that place. Check to see if the same law is on your books.
2007-06-12 15:31:46 · answer #3 · answered by Louis 3 · 0⤊ 0⤋
Unless they have signed a lease you cannot evict them. In most states your issue is considered a civil problem (as opposed to criminal). I would call a low cost legal help service and ask for advice.
2007-06-12 15:24:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Call the police and have him and his stuff escorted of the premises. Tell them that they are not welcomed there and they have no legal ties there.
2007-06-12 15:32:13 · answer #5 · answered by Aaron 2 · 0⤊ 0⤋