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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Removing a House Guest, Need Help Quickly Im Going Nuts

    My question involves a roommate in the State of: New York

    It's a long story, but the short version is I let a buddy move into my house when he lost his job and was robbed at his old place in june of this year. I wasn't too specific on the arrangements because he was my buddy, and he needed help. About 3 months ago, he got a pretty nice job, and made no effort to repay me for my hospitality, so I had to take matters into my own hands. I told him if he wanted to continue staying in my house now that he had a good paying job, he needed to pay me some rent. Through a verbal agreement (again, still my buddy, so who needs contracts), we agreed on $250 a month due October 1st and every first of the month thereafter.

    At this point I've demanded the rent several times from him only to be brushed off, he now owes me $500 from October and November, and refuses to agree that he agreed to pay me anything.

    The question isn't about the rent, I know I have a snowballs chance in hell of seeing that $500, the question is do I need to go through any legal business to kick him out of the house or can I just change the locks and be done with it?

    He's been here since June, does receive mail here, does not have any written agreement with me, refuses to acknowledge any verbal agreement, and does not have his name on any utilities, bills, really anything. I called the state police department and they said that in this case I can just kick him out, but I figure you folks probably know more about the law than either me or the state trooper I talked to, so please, help me out! I just don't want to end up going to jail for kicking a deadbeat ex-friend out of my house.

    Thanks in advance for any advice

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Removing a House Guest, Need Help Quickly Im Going Nuts

    I called the state police department and they said that in this case I can just kick him out,
    Oh, no, don't do that. You won't go to jail, but you could wind up with fines AND your unwanted guest for a bit longer.

    You need to file a formal eviction action. Rules are different in NYC than in the rest of the state. Are you somewhere other than NYC?

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Removing a House Guest, Need Help Quickly Im Going Nuts

    Quote Quoting LawResearcherMissy
    View Post
    Oh, no, don't do that. You won't go to jail, but you could wind up with fines AND your unwanted guest for a bit longer.

    You need to file a formal eviction action. Rules are different in NYC than in the rest of the state. Are you somewhere other than NYC?
    Thanks for the quick response, I am in upstate not in NYC.

    How do I file a formal eviction action? Is that something I need an attorney for? I'm so confused as to why someone who doesn't contribute anything to a house I paid for gets to stay longer than I want him there.

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