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You can't just throw him out (maybe)

Posted by MikeW on July 28, 2000 at 12:39:40:

In Reply to: Re: Guest Who Won't Leave posted by louis on July 27, 2000 at 15:34:09:

Your guest has been in your apartment long enough for it to be considered his residence. If he can prove that you have to go through the eviction process to get him out. BTW, the standard of proof is very low (does he get mail there, have the neighbors seen him around consistantly, etc.).

Essentially, from a legal standpoint, he is your roommate. You need to give him official written 30 day notice that he has to leave. This has to be done on a specific form, with specific timing. Go down to housing court and pick up the form. Talk to the pro se lawyer on staff there. They can tell you how to do the paper work. If your guest won't leave after the end of the notice period. You'll have to file for a holdover eviction in housing court. Now it's lawyer time. This is a standard procedure for which they charge about $350. Chances are at that point he'll feel the heat and leave on his own.

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