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How can I get my mother out of my apartment?

Buffalo, NY |

My boyfriend and I rent an apartment. He is the only person noted on the landlord statement as living in the apartment. However my mother has come to stay with us for the past two months. Due to several different issues such as lack of payment of rent on her part, abusive behavior towards myself and my boyfriend and drug abuse issues on her part we want her to leave. The gas and electric is on in her name, however we have no issue turning it on in our name as we were giving her the money in order to keep it on because she spends all of her money on drugs. How can we get her out as soon as possible? We thought about calling the police and asking for them to remove her because if we do it ourselves we fear for our personal safety and safety of our possessions. Help!

Attorney Answers 3


  1. Dear Buffalo Tenant:

    The tenant made your mother a roommate when the utilities were placed in her name and she paid rent. Her legal status is similar to as you and your mother are two persons living together with the tenant who are not in a relationship (legal, that is) with the landlord.

    There is a legal process to use to remove your mother. Her tenancy rights must be terminated and if she does not move on her own, the tenant would commence a summary holdover proceeding.

    If you fear violence you may look to obtain an order of protection.

    Whatever course you take, you will need an attorney.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.


  2. Speak to a landlord tenant lawyer to evict your mother. If your are fearful for your safety seek an order of protection. If your mother is using drugs, then explore your option to contact the police.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. The only way to lawfully oust this person from the apartment is with a summary eviction proceeding. As this is a slightly different case than a landlord seeking to evict a tenant, you should speak with a landlord-tenant attorney, as opposed to attempting to take this matter on by yourself.

    This communication is intended only to provide general information. No attorney-client relationship is created.

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