Nicholas M. Moccia, P.C.
Attorney at law

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Staten Island Foreclosure & Alternatives Law Blog

Brooklyn Evictions Q&A: whether house guests (licensees) can be "asked to leave" after just 15 days.

Question: Can a temporary house guest staying in a furnished room be asked to leave after just 15 days? they leave the main door unlock day and night! and this is very dangerous for New York!  They never clean up. No moneys were given. They were to design a website in exchange for short-term help...

Answer: You can ask them to leave voluntarily, of course; however, if they refuse to leave, you have to evict them through the housing court. You need to serve a 10 day notice to quit and commence a licensee holdover proceeding. If this is done improperly, the court will throw your case out, and you waste time.

I do not recommend engaging in "self-help" and forcibly removing them, otherwise you may find yourself looking not only for a landlord/tenant attorney, but also a criminal defense attorney.

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