I was wondering if I need a notice to quit to evict my son and girlfriend who do not pay rent. I’m technically not a landlord.
March 18, 2025
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I am sorry to hear of this issue. You will want to give them a written notice to vacate. If they do not vacate within the notice period, you will then file for an eviction at your local small claims court. You will fill out and file the eviction complaint/petition. You will then have it served on your son and his girlfriend.
You would be evicting because they are causing these issues for you that you noted above. The judge will schedule a hearing and determine if your son and girlfriend should be evicted.
No, you said you already gave them a notice to vacate. If you did, the next step is to file the eviction, which, after filing, is served by the sheriff.
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I was wondering if I need a notice to quit to evict my son and girlfriend who do not pay rent. I’m technically not a landlord.
I understand your situation. Have you previously established any formal rental agreement with your son and his girlfriend?
No.
Are they currently living in a separate unit or part of your primary residence?
Originally, they were going to move out in the fall. They share a bedroom.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with eviction.
They argue, they both have punched holes in the wall and broken door frames.
Okay.
NY.
He has lived with me all of his life except for 16 months when he had an apartment. He moved back in August of 2023. His girlfriend has been staying here since July of 2024. It was supposed to be temporary.
He is 22.
I gave them a notice to quit/vacate a month ago, but I knew I’d have to wait and serve him papers. He also just turned 22.
I wish there was another way, but they do not pay rent, they argue, and they have damaged property.
I have to have the notice to vacate served to them by someone else and notarized?
Is there a form that I can fill in and pay for? Most forms ask how much do they owe in back rent, etc.?
Hello, my name is Charlie, and I am a licensed attorney. I would like to welcome you to JustAnswer! I am sorry you are experiencing these issues, but I will be happy to assist you with your questions today. Please allow me a moment to review your question.
Which state do you live in?
NY.
Understood. How long has your son lived with you?
He has lived with me all of his life except for 16 months when he had an apartment. He moved back in August of 2023. His girlfriend has been staying here since July of 2024. It was supposed to be temporary.
Do they receive mail at your house?
Yes.
Did you already give them a notice to vacate?
I gave them a notice to quit/vacate a month ago, but I knew I’d have to wait and serve him papers.
I am sorry to hear of this issue. You will want to give them a written notice to vacate. If they do not vacate within the notice period, you will then file for an eviction at your local small claims court. You will fill out and file the eviction complaint/petition. You will then have it served on your son and his girlfriend.
You would be evicting because they are causing these issues for you that you noted above. The judge will schedule a hearing and determine if your son and girlfriend should be evicted.
No, you said you already gave them a notice to vacate. If you did, the next step is to file the eviction, which, after filing, is served by the sheriff.
Another good resource is to contact your local law schools, as they often have clinics with attorneys who assist in these cases. Again, I am sorry to hear of this issue. If you have any follow-up questions, I will be very happy to assist you.
Understood.
The steps to file the eviction are above. This eviction is not based on non-payment; it is a simple eviction because you want them to vacate.
