How to Evict an Adult Child in New York

By Lee Nichols
You may love her, but the time has come for her to move out.
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An adult child occasionally needs more than a nudge to get him to leave the nest. While evicting an adult child can be difficult on you as parents, it may be the only way to get him out of your home. If your child's name is on the lease or if there's a lease agreement between your child and you, you can't evict him unless he's done something that violates the written lease. Hiring a lawyer, while not necessary for an eviction proceeding, can help you navigate the requirements of the court in your jurisdiction.

Give your child notice to vacate your home using Form B307. You should mark "30-day notice" if your child is paying rent and "10-day notice" if she's not. If she is paying rent, the notice's date must be at least 30 days before the next rent payment is due. For example, if rent is due on the last day of April and you don't give notice until the second day of March, your child doesn't have to leave until the last day of May, according to the Landlord-Tenant law of New York. Make copies of the form; keep the original for yourself and give the copy to your child.

Fill out Forms X210, X210C, X211 and T216. You'll need all of these forms to bring a court proceeding against your child. Make copies of all of your forms, which are available in most stationery and office supply stores.

Go to your local Landlord-Tenant Clerk's office with your forms, including the "Notice of Termination." To find your local office, call your county's court offices and ask for the Landlord-Tenant department. In some counties, this department is in the small claims court or civil court division.

Purchase an index number from the clerk. In May 2011, the index number cost $45. The clerk will not take a personal check; you'll need a money order, certified check made out to the "Clerk of the Civil Court" or cash. Give your forms to the clerk to get your index number stamped on each form. Tell the clerk the date you wish to go to court and the clerk will give you a time and courtroom number to put on your forms.

Hire a process server or ask a friend to deliver Forms X2010 and X211 to your child. You cannot serve him yourself and if you have a friend serve him, your friend must be older than 18. Your child must receive the forms no fewer than five days and no more than 12 days before your court date.

Return the original Forms X211 and X210 to the clerk, along with the postcard. The clerk will mail the card to your child; be sure you place a stamp on it before returning it to the clerk.

Go to court. Bring any paperwork concerning the eviction; your lease if you have one; documents concerning the tenancy; and any witnesses necessary to verify your claims. You can subpoena documents if you don't have them; you can subpoena witnesses if they refuse to appear in court.

Serve the "Warrant of Eviction" if the judge rules in your favor. A marshal or deputy must serve the warrant. After your child receives the "Warrant of Eviction," she has 72 hours to vacate your home.