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I want to evict my 22 year old son from my home. We are in the process of serving a 30 day Notice to Terminate. Can I evict hi

New York, NY |
Filed under: Landlord-tenant

We currently have an order of protection against him, he has punched holes in my front door but the police said we cannot just kick him out we have to evict him.

Attorney Answers 2


Contact a landlord tenant lawyer. Bring your order of protection to an attorney to review if it contains a stay away provision.

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

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Dear New York Tenant:

The police may also arrest your son for violating the Order of Protection.

Be certain that the thirty day notice is correct, as this form of notice is most commonly used by a landlord in terminating a month to month tenancy in NYC, but is not necessarily the correct notice for a parent to use as a predicate to seeking the court's judgment to "evict" a family member from the household. A thirty day notice typically requires that the "petitioner" prove the existence of a landlord and tenant relationship, and parents do not often charge their live-at-home children "rent."

Hire an attorney.

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.

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