Re: How do I get a friend out of my house??

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On 11/01/04, David wrote:
> On 10/31/04, Lisa Campbell wrote:
>> I was looking through the internet for a answer and I saw
>> this. Hope I am in the right spot. I have a friend who has
>> been living in my house for 5 months. He has a serious
>> drinking problem I thought he was over with but he apprently
>> is not. He comes in the house drunk at least 2 times a week
>> acting crazy and mentally abusive. And I have called the
>> cops at least 5 times to get him out. The police say since
>> he has been in my house for five months I just can't kick
>> him out. Now he doesn't pay rent but gives me some money
>> for food. We have nothing in writing. He is just a old
>> friend I was helping until he found a place to live. The
>> police say I can't just kick him out. He has been found
>> laying on the streets twice and the cops keep bringing him
>> back here. He lost his keys so he no longer can come in and
>> out as he pleases. I live in suffolk county in NY state in a
>> very expensive neighborhood. Where if were to pay rent it
>> would be at least 4,000 a month to have full access to a
>> house. He might give me a eight of that for food. Please
>> tell me if there is anyway I can get him out of the house
>> without getting the sheriff and starting eviction
>> proceedings? Thank you.
>
> You neen to check the laws in your state. In some
> jurisdictions you can not just simply kick one out after you
> have allowed them to set up residence. Even if there is no
> contract and they do not pay rent.
>
> If this is the case use the eviction procedure in your
> jurisdiction. Since he is a mentally abusive drunk you will
> have no problem.

David is correct. In my state, if someone has resided in your
dwelling no matter the circumstances for at least 30 days, by
law you must have them evicted. That entails going to the
police department or sheriff's office and filling out an
eviction notice. Once they are served, they have 10 days to
vacate the premises (in my state). If they do not vacate w/in
that time period, you would have to file for an Affidavit for
a Warrant and then they would have to pay a cash bond for
Refusal to Vacate. However, during the eviction period you
cannot remove any of their property, etc. You could be
prosecuted for that. Good luck and have him evicted. Easiest
way to go about it.
By the way, Mr Hardy, your comment about the law being to lazy
just goes to show your ignorence. This is a civil matter in
most states and can only be handled thusly.