8
   

i want boyfriend out NOW

 
 
Reply Mon 23 Jul, 2012 12:57 pm
i have an apartment, and my boyfriend has lived with me since may of this year. his name isnt on the lease nor does he pay and rent or bills. pretty much living there rent free. he and i are having some issues and were not getting along anymore. can i kick him out, or do i need to go through the courts?
 
Rockhead
 
  1  
Reply Mon 23 Jul, 2012 01:12 pm
@katie1234,
it kinda depends on how decent of a person he is.

most likely if he flat refuses to leave, you will need assistance from the courts.

or a big muscly friend...
0 Replies
 
Linkat
 
  1  
Reply Mon 23 Jul, 2012 01:14 pm
@katie1234,
I'd go ahead and tell him to leave. Not sure if he could legally stay or not, but it can't hurt, although I might recommend giving him some time...even give him a note in writing that way it might go a bit more smooth than if you just let him go without possibly having some where else to move.

Maybe say, things are not working well between the two of us. I feel it best if we part. Knowing you will need some time to move your stuff and to get other arrangements, I'm willing to allow you two weeks (or whatever you think is reasonable).

He may if he isn't expecting a break up - move out right away as it would be uncomfortable.
Mame
 
  1  
Reply Mon 23 Jul, 2012 02:18 pm
@Linkat,
Oh, I don't think this is a legal issue.. it's only been 2 or 3 months, after all. Tell him you don't want him living there scot-free and he either starts paying his share or get out. Simple as that. Get some support, if you need it, via family and friends. Or you can change the locks and throw all his **** outside Smile
roger
 
  1  
Reply Mon 23 Jul, 2012 02:24 pm
@Mame,
Since he hasn't paid rent or expenses, and doesn't appear on the lease agreement, you are probably right, though in the US, these things tend to vary by states. As mentioned, a muscular friend might not be out of line.

Worse case, an eviction notice may be required, though I wouldn't expect it as he doesn't seem to be a tenant.
Mame
 
  1  
Reply Mon 23 Jul, 2012 02:44 pm
@roger,
Oy, the guy's bum, a deadbeat, a loser, a wastrel, a user... kick his hiney out the freaking door. She can consult with legal aid but he's not a tenant, he's there by her gratuity, like a friend. Kick his sorry little butt to the kerb, followed by all his mangy, measly little crap.

(sorry, thought I was in the Insult Thread) Smile
0 Replies
 
Joe Nation
 
  5  
Reply Mon 23 Jul, 2012 02:55 pm
@Mame,
Quote:
Or you can change the locks and throw all his **** outside

Everybody thinks they can do that (Throw all his **** outside) but you can't.
You cannot act with reckless regard towards anyone or their property.
He can sue you in Small Claims for the value of the property and he'll win.


First, pack up all of the things you value and move them to a safe place.
Make sure you have a copy of your lease with your name on it.

Then ask him to leave and give him a reasonable amount of time to find a place and pack his stuff and go. If you feel unsafe sleeping in the same apartment during that time, move out or get someone to come and couch-surf for the week to ten days you gave him.

If he refuses to leave or makes no sign that he is preparing to go, go to your nearest police department and speak with the Desk Sargent as to what the procedure should be to have him and his possessions removed from your premises. Your landlord (Management Company) should be made aware of what's going on. Hopefully you haven't violated the terms of your lease by having him there.
Follow whatever the procedure should is: Call the cops, report the squatter, ask that he be removed and that you or your representative be there as he packs.
It would be really good if he was to sign a document that says:
I ____________ have removed all of my belongings from __such and such address___ and have no further claims against ___Your NAME---

Dated witnessed by (Some Friend, some neighbor, some cop)

Most of the time these asses just go quietly, but be prepared.
Oh, and THEN Change the locks.

Joe(whatajerk)Nation
0 Replies
 
joefromchicago
 
  5  
Reply Mon 23 Jul, 2012 03:23 pm
Well, let's get a few things clear here.

If, as you say, you're living in an apartment, you can't change the locks. After all, they're not your locks, they're your landlord's locks.

Secondly, if the boyfriend (or soon-to-be-ex-boyfriend) isn't on the lease and you don't want him living there, then he's trespassing. I don't know why you'd need to get an order of eviction to get him removed, any more than you'd need to get an order of eviction to remove a burglar.

That being said, landlord-tenant law is highly regulated in many states and localities. Without knowing where you live, I can't know specifically what is permissible in your situation.
0 Replies
 
BillRM
 
  0  
Reply Mon 23 Jul, 2012 03:58 pm
@roger,
If he been living there a few months and know the law and is not honorable he could force her into court over the matter on the lease not on the lease paying rent or not paying rent.

Of course applying for a temp protection order will get him out at once but if you do not have a valid reason for doing so it is a misused of the courts even if you are likely to get away with it.

Suggest she should be far more careful in picking partners in the future and see a lawyer if he is not willing to leave as non of us on this thread so far and as far as I know is a lawyer.

Good luck to her.
roger
 
  4  
Reply Mon 23 Jul, 2012 04:14 pm
@BillRM,
Yes, joefromchicago is a lawyer.
Rockhead
 
  1  
Reply Mon 23 Jul, 2012 04:16 pm
@roger,
and I play one on TV...

billy is an English Literature professor, I can tell.
roger
 
  1  
Reply Mon 23 Jul, 2012 04:20 pm
@Rockhead,
Were you that poor sap that always got squashed by Perry Mason. Hamilton Burger, if I recall, but not our own Hamburger.
0 Replies
 
shydevil
 
  1  
Reply Mon 23 Jul, 2012 07:20 pm
@katie1234,
Don't you think that is mean? What if he loves you and there is noway that you can just kick someone out easily without hurting other.
roger
 
  5  
Reply Mon 23 Jul, 2012 08:32 pm
@shydevil,
What if he does love her? Does that mean she is obliged to support him, and to share her home? The point is, she doesn't love him, doesn't want him living with her, and she is paying the bills for him.
Ticomaya
 
  4  
Reply Mon 23 Jul, 2012 09:34 pm
@BillRM,
BillRM wrote:
... as non of us on this thread so far and as far as I know is a lawyer.

Wait a second .... Joe Nation's not a lawyer???
roger
 
  2  
Reply Mon 23 Jul, 2012 09:39 pm
@Ticomaya,
I outed him a few posts up the page.
0 Replies
 
Eva
 
  1  
Reply Tue 24 Jul, 2012 12:01 am
@Ticomaya,
No, Joe Nation is not a lawyer.

But joefromchicago is.
Ticomaya
 
  2  
Reply Tue 24 Jul, 2012 10:26 am
@Eva,
<pssst ... I know, Eva>
0 Replies
 
roger
 
  2  
Reply Tue 24 Jul, 2012 11:27 am
Doesn't Tico seem to have a suspicious knowledge of lawyers?
0 Replies
 
Joe Nation
 
  1  
Reply Tue 24 Jul, 2012 11:38 am
@Ticomaya,
BillRM wrote:
Quote:
... as non of us on this thread so far and as far as I know is a lawyer.

Quote:
Wait a second .... Joe Nation's not a lawyer???


I've played one on TV.
and
I've watched about a million episodes of Judge Judy.

Wait a minute, I played a criminal on TV, not a lawyer.

Joe(Although sometimes it's hard to tell)Nation
 

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