Evicting Someone Who Shares Your Home

Can I legally evict someone who shares my home?

In order to evict someone from your home, you must be the person who has legal right to possession of the house or apartment where you live. This generally means that your name is on the leaseagreement, deed, or mortgage, or that you have a landlord-tenant relationship with the owner. The person who you are trying to evict cannot also have a legal right to possession. If you meet these conditions, you must then successfully sue them in court and get a warrant of eviction.

How do I start the eviction process?

The first step is to talk to a lawyer. The lawyer will be able to give you the papers you need to start an eviction case against the person you are trying to evict and explain the process to you. If you cannot find a lawyer to help you, the court clerk will be able to give you the papers you need. Once you have the eviction papers (called a Petition and Notice of Petition) they must be served by someone other than you to the person you are trying to evict. Then, they must be filed with the court clerk within three days after they have been served. The person who serves the papers must be 18 or older. The person you are trying to evict must receive this notice 5 to 12 days before the court date.

How do I remove someone after I have won my court case?

If you win your court case, you will have won a Warrant of Eviction, it must be properly served. Give a copy of the warrant to the local police department or Sheriff’s office. You will have to pay a fee to do this. A law enforcement officer must serve the warrant to the person you are trying to evict. Generally, after the eviction warrant is served, the person has 72 hours to leave. Only after 72 hours can they be removed by the police. Only a Sheriff, marshal, or constable can carry out the court-ordered Warrant. If you try and force someone from your home yourself, he or she may be able to sue you for a criminal violation. The rules for mobile homes are a little different. If the person is a tenant in a mobile home park, they have 30 days from the time the eviction warrant is served to leave.



 (c) Legal Assistance of Western New York, Inc. ®

This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer.  Receiving this information does not make you a client of our office.


Last Review Date: June 2016


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