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

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On 11/01/04, Hardy Parkerson, Atty. wrote:
>
>
> I just told the lady what to do: lock the batard out and get her
> a man to be her "enforcer" if the batard came back and would not
> leave. No law in the world is going to let some rotten son of a
> butch abuse a woman. Listen to me gal, not these other
> advisers. Better still, Call Bryan in Manhattan and talk to
> him. He's the New York lawyer.
>
> Good luck!
>
> HMP
>
>
>
> On 11/01/04, K wrote:
>> 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.