Location: NY State.
My father and I want to make sure we have the legal backing of calling the cops on my sisters boyfriend. Not going to go into the long history of why my sister is a mess but currently my parents are away in another state. My sister lives in their house here in NY state, she has been told on multiple occasions she cannot have her boyfriend over. Well the first day they were away they got a call that someone was in the house while my sister was at work so they checked the cameras and there he was, alone in my parents house. Well this has blown up, she’s claiming no respect for privacy, like I said, she’s a mess. If we catch him in the house again without my parents permission are we allowed to have the cops remove him? The only reason I hesitate is because he is a guest of a resident of the house even though she doesn’t own it.
Comments
He cannot be tresspassed if he’s the guest of a resident.
If your sister is an adult, she can allow him in to the house.
Your sister is a tenant in the house, so the cops are likely not going to get involved or remove him if he is her guest. Tenants are generally allowed to have guests, even if they don’t own the home. The police will likely tell you it’s a civil matter unless he’s an obvious trespasser with no right the be there. If your sister cannot follow your parent’s wishes, they should end her tenancy there.
If she is an adult with permission to be there, she can have guests unless he has some kind of order of protection, or restraining order, that prohibits him being on your property. If he’s there when she isn’t you could argue that could be trespassing, maybe.
However, it’s your parent’s house, if she’s not paying rent and there’s no written agreement they can tell her to move out.
Why couldn’t the parents have him trespassed?
Why do your parents not want your sister’s boyfriend there? Has he damaged the property? Has he harmed your sister in some way in the past? Do your parents not approve of premarital sex?
You mention your sister is an adult and body but not in mind. How old is she? Does she have some sort of developmental disability?