How can I evict someone from my condo (I own) who has no lease

This is a discussion on How can I evict someone from my condo (I own) who has no lease within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; - I own my own condo in NYC (it's a condo not a co-op FYI), it's not a rental. - I'm a wheelchair bound quadriplegic and as such have a ...

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    How can I evict someone from my condo (I own) who has no lease

    - I own my own condo in NYC (it's a condo not a co-op FYI), it's not a rental.

    - I'm a wheelchair bound quadriplegic and as such have a live-in home health aide. As part of her compensation I agreed to let her live with me rent free, we have no formal rental agreement and I also pay her an additional salary.

    - A few years ago her boyfriend starting appearing more and more often, and at some point in late ’08 he moved himself in, obviously with her consent. I never knew the extent of this as I was working 12-15hrs/day so was hardly around and he stays(ed) very hidden while I’m around, and never agreed, verbally or otherwise, to the situation. And I certainly never allowed him to move in rent free.

    - I didn’t address the situation in ’09-’10 as I had medical issues that required numerous surgeries and simply didn’t have the energy to deal with it in addition to those issues; so he still wasn’t “allowed” to be living there, but I didn’t attempt to remove him either. Because I wanted to avoid legitimizing the situation, I never asked and he never paid any rent during this time.

    - I had renovations done from 2-5/2011 that required everyone to vacate (he went home to NC where he’s originally from), and shortly upon returning (late May ’11) I informed my aide if wanted to continue staying there he would be required to pay his share of costs, which would be ~$1000/month. She said he could not afford that so I informed her very clearly at that point that he needed to start finding a new place to live.

    - Being generous, I gave him a few months to get a job (he hadn’t worked that I could tell in over a year, at this point he was just sitting around playing video games 24/7 in her bedroom) and figure out a plan so he could stay in NY but move elsewhere – He apparently did neither.

    - In August ‘11 I re-addressed the issue with her and she said he was “saving up” for rent/security deposit (which, given that as far as I could tell he wasn’t working or attempting to find a job, I found quite curious). I asked her for a hard deadline as to when he would be out, and she gave January. I thought this was extremely generous on my part but agreed despite my skepticism.

    - As I expected come 2/1/2012 he was still staying in my apartment.

    What can I do legally to get rid of this person? Up to this point I think any reasonable person would agree I’ve been very accommodating as I didn’t want to lose my aide in losing him, but I no longer care, I will gladly get rid of both to lose him.

    I want to know what my rights are and his/hers before I go calling cops or showing up to court. Do I have to go through eviction court? If after telling him he must vacate the place immediately he does any physical damage, makes any threats, etc, can I call the police and have him removed permanently on the spot?


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    You will likely need to go through the eviction process, following all the states rules/procedures in doing so.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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