Evicting unwelcome guests & family members through a forcible detainer action

Anyone remember Michael Rotondo? He is the 30-year old who made international fame for being evicted from his parents' house in Upstate New York after leaving rent-free for eight years. Although the story made him the butt of jokes on late night talk shows, there are a great number of family members who do not share the humor when adult children, friends or caregivers overtake their residence. In such instances, property owners need to know that he or she can legally remove the unwelcome guest from the premises when a tenancy was never established.

Take a look at Mr. Rotondo's story which ended up with a judge giving him the boot.


Guests or relatives as licensees

Property owners routinely grant a license for others to enter their residence. An example might be when the owner invites someone over for dinner. But when someone occupies the owner's space for an extended period of time and wears out their welcome, a forcible detainer can be filed and served.

A forcible detainer is similar to an unlawful detainer in many respects but the difference is that the former is usually commenced when the landlord alleges that the person who is occupying the premises is doing so without permission. In other words, an unlawful detainer seeks to remove a tenant, while a forcible detainer is appropriate when there was no tenancy established.

When a guest refuses to leave, they can be served a formalized demand to surrender the apartment within five days from the date of service. If the guest (the licensee) does not move, the situation can be escalated through a forcible detainer.

Like a proceeding for an unlawful detainer, a forcible detainer is a summary proceeding, meaning a final hearing will be set fairly quickly.

Call upon us to remove the emotional fray

It can be difficult when you open the doors to someone who refuses to leave, but MT Evictions can be a neutral party that handles the transition professionally. If you have someone overstaying their welcome, contact our office to regain control.