Can I Evict Someone Living in My Home?

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LawNY explains that evicting someone from a private residence is a complicated legal issue that must be handled carefully. In order to evict, you must be the person in legal possession of the home and you must give sufficient notice for the other person to vacate the premises.

As LawNY explains, being in legal possession of the home does not necessarily mean being the one responsible for the mortgage. Tenants whose names appear on the lease are also eligible to evict individuals whose names do not appear on the lease if they go about it the right way. Rocket Lawyer advises simplifying the matter by simply asking the other person to leave first so you can avoid going to the court for an eviction notice. If the other occupant refuses to leave and they have signed a sublease, the person evicting must be able to prove that the occupant has violated some section of the lease. Otherwise, it is possible to file a Petition and Notice of Eviction which typically gives the unwanted occupant 30 days to vacate the premises and to remove all their items from the property. Once an eviction has successfully been filed and the occupant refuses to leave, LawNY reports that a Warrant of Eviction will enable the police to escort the occupant out of the home.