Hi I have been living with my ex since feb 1/12 and we just recently separated due to him being overly controlling and verbally abusive. He says he will leave in 30 days and he's intitled to and if I throw him out sooner he will get me fired from my job and have my children taken away. Can I evict him now or will I be penalized for putting his stuff in the driveway and changing my locks?

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Originally Posted by caitlyn87

Hi I have been living with my ex since feb 1/12 and we just recently seperated due to him being overly controlling and verbally abusive. He says he will leave in 30 days and he's intitled to and if I throw him out sooner he will get me fired from my job and have my children taken away. Can I evict him now or will I be penalized for putting his stuff in the driveway and changing my locks?

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He has to be evicted according to the laws of your State.

It's illegal to change the locks and throw his stuff in the driveway.

If you don't want to wait to evict him file a Police Report about the abusive behavior and get a restraining order. That will keep him away.

"ex" what? Boyfriend, husband, business partner?

Eviction is a legal process and to force someone from their home requires a court order. Could be an eviction order from housing court, or part of a divorce proceeding. A restraining order may also be used if there is a fear of physical harm.

If you take the law into your own hands by putting his things out and changing the locks, you open yourself up for a lawsuit for an illegal eviction.

He can not get you fired and can not take the kids away,

He can sue you for illegal eviction and get a money settlement from you. He may also force the police to allow him back in, till he is legally evicted.

You have to give him written notice to move ( often 30 days in some places) and if he does not move then, take him to court.

If he is a ex husband, he can not even be evicted, and will have to go though divorce court.

If you rent and he is on the lease he can not be evicted either.