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I own a 1 family home, my tenant has no lease and I allowed her to stay in the basement for a short time until she gets back on her feet. We agreed on a few months, now here we are a year and a half later, she refuses to leave. She was paying me 1100 to stay there, she has been giving me some money here and there but no where near what I asked her to pay, how can I get her out, what is the best course of action... Thank you guys in advance
Short answer is for you to file a court proceeding to start a notice for eviction. I see that your in NY so there aren't any special laws there that I'm aware of that will complicate the process.
Also I'm assuming your letting her stay in the basement of your primary residence? This will make it even simpler to evict her. After she receives the notice, there will be a hearing date. There is almost no chance based on what you said that the judge will rule that she can stay at your place. Then she will be ordered to leave by a certain date. If she doesn't; then the police will physically remove her from the premises on the deadline.
Be aware, you have to pay for the police to remove her and her belongings. In my state I believe it is $1100. Other states vary. Also, some states have a waiting list. I've heard of waits up to 3 weeks.
Be aware, you have to pay for the police to remove her and her belongings. In my state I believe it is $1100. Other states vary. Also, some states have a waiting list. I've heard of waits up to 3 weeks.
I'm not sure about NY but in FL that's not the case. You have the option of paying the Sheriff of the County to give the official notice of eviction. But its not mandatory. Also once the deadline for eviction has passed, your legally allowed to throw away anything the tenant has left in the premises yourself without paying the police. As far as the physical removal of the tenant that's free of charge here also.
Best advice to figure that out would be to contact your local Sheriff's Office/Police Department to find out if there are costs associated with that process in NY.
I own a 1 family home, my tenant has no lease and I allowed her to stay in the basement for a short time until she gets back on her feet. We agreed on a few months, now here we are a year and a half later, she refuses to leave. She was paying me 1100 to stay there, she has been giving me some money here and there but no where near what I asked her to pay, how can I get her out, what is the best course of action... Thank you guys in advance
Month to month is presumed given past dealings and lack of written contract, give her a 30 day notice to vacate, if she isn't out, commence eviction proceedings in court (in CA that will take about 3 months.
First you give her a written 30 day notice to vacate. Then, when she doesn't leave, you evict for overstay
Note: in some states, if the tenant has been there for over a year, you must give a 60 day no-cause notice to vacate. You can start the eviction immediately if the tenant does not pay the rent.
In your case, I would give her a written notice that stated that according to your original roommate agreement, she is paying rent at $1100 a month and 30 (or 60, depending upon state law) days from the notice, rent is going up to $1500 a month. That gives you something to take to court to show that there is an agreement to pay rent at that rate when you evict for non-payment.
I would put in there that it is a roommate agreement unless you are sure it is legal to rent out a basement in your town.
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