I have a boyfriend that has moved into my apartment. He is not on my lease and has not paid any amount toward the rent. We are no longer dating but I cannot get him to move out. I have had the police here several times but they tell me because he has changed his address with the US Post Office I cannot make him leave. Is this correct?

Yes, you allowed him to establish residence so now he his your tenant and you are his landlord. Therefore you have to go through a legal eviction.

Give him written notice that he has to vacate within 30 days. If he doesn't vacate by the deadline, then you need to go to your local court for an eviction order.

His postal address means nothing, someone that you do not know, and never lived in your house, like me, could change my mailing address to your house, HIS actually living there established his residnece. The mail helps to prove it, as would changing his drivers license and so on.

You can get him out, but have to do it by eviction. ( it does not matter that he does not pay rent) you give him proper notice, and file eviction in court if he does not leave.

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... the police... tell me because he has changed his address with the US Post Office I cannot make him leave. Is this correct?

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Almost correct. The police cannot make him leave (without a court order).

That doesn't mean you cannot make him leave if you figure out how to do so peaceably.

• Throw his stuff out.
• Change the locks (if allowed by your landlord).
• Cook food which he finds to be repulsive.
• Have (other) obnoxious friends over.
• Etc.

I caution you against throwing his stuff out or changing the locks. Such might be considered an illegal eviction and open you up for a lawsuit. Better to do it legally through the eviction process.

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Originally Posted by ScottGem

I caution you against throwing his stuff out or changing the locks. Such might be considered an illegal eviction and open you up for a lawsuit. Better to do it legally through the eviction process.

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That would depend on the law of the particular state, and we don't know what state it is. But it is very doubtful that ex-boyfriend who simply moved in would be considered a "tenant" according to such law.

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Originally Posted by AK lawyer

That would depend on the law of the particular state, and we don't know what state it is. But it is very doubtful that ex-boyfriend who simply moved in would be considered a "tenant" according to such law.

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We don't know how long the boyfriend has been there. She refers to the police being there "several times". Also, the fact that the police have told her they can't remove him is indicative that he WOULD be considered a tenant.

What the police consider a tenant as defined by the criminat trespassing laws is not the same as what the courts consider a tenant as defined by the wrongful ouser provision of the landord-tenant statutes.