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Posted over 3 years ago.

I have been told a guest that you allow to stay at your home for two or three weeks and refuses to leave becomes a tenant also.. PAID NOT ONE DIME.
So don't allow you brother or sister to move into your home if they end up on the street. They might have no other place and refuse to leave

Steven Warren Smollens
Steven Warren Smollens, Landlord / Tenant Lawyer - New York, NY
Posted over 3 years ago.

OK. In New York State any person occupying a residence for longer than thirty days is considered a "tenant" if rent was paid and cannot be evicted but for a court process.

">>>A tenant shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for thirty consecutive days or longer; he shall not be removed from possession except in a special proceeding. A special proceeding may be maintained under this article upon the following grounds: >>>"-
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An unwanted guest must also be evicted through a court process but that does not mean that person is a tenant. Even a squatter and a licensee (an unwanted guest) cannot be 'evicted" without court process:

">>>A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735, upon the following grounds: >>>"

So whether your unwanted person rises to the level of a person who must be evicted by a proceeding grounded in the existence of a landlord and tenant relationship [RPAPL section 711] or is a person where there is no landlord and tenant relationship, such as a squatter or licensee [RPAPL section 713]; there is no self-he;p remedy for a landlord in New York State. The process of the court must be involved and a legal eviction is conducted only by means of an execution of a warrant of eviction issued by a court.

These are the lawful and ancient remedies for the recovery of real property. A lawyer should be able to help you determine which statute (711 or 713) applies to your unwanted guest.