My name is the only name on my mortgage. My boyfriend refuses to leave. He does not pay rent and he refuses to leave. Do I have to take him to court to legally get him evicted.

Yes, I believe that's the easiest, legal way to get rid of him.

There's a sticky at the top of this forum that has a link to each state's LL / tenant laws. If he agreed to pay you some rent and hasn't paid you should be able to give him the proper length of notice for non-payment. Then if he still doesn't leave you'll file an eviction suit with your local Justice of the Peace or Magistrate.

If you didn't have a clear payment arrangement he may show up to court and say so. If that's the case you may need to give him a notice to end his periodic tenancy (usually around 30 days - check your state's law). Then if he doesn't leave you can file to evict.

Once a person establishes residency, and that can be done in a variety of ways, then he is no longer a trespasser and needs to be evicted.

Check with your local courthouse for the procedure in your area. Absent a written agreement of tenancy, you can give him a 30 day vacate notice and if he doesn't leave, go to court to obtain an eviction order. You then hire a sheriff to physically remove him.

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Originally Posted by Tonia B

My name is the only name on my mortgage. My boyfriend refuses to leave. He does not pay rent and he refuses to leave. Do I have to take him to court to legally get him evicted.?

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Yes, you would need to legally evict him. If you are interested in the process would need to know the State and then I'll outline the procedure.