I took in a roommate about 8 months ago.
The agreement was to stay temporarily, get a job, save some money and get his own place.
I am 28 and he is 38 years old. I did not know the man real well but I had considered him 'a friend'.
Since then he has had 2 jobs. One of which lasted less than a week because he stopped going in to work (I was his ride to and from work and he decided it was not his kind of job). Then he got a second job at a sandwich shop and lasted there about 3 months. For some reason he cannot hold a job.
He has now been jobless for about 4 months. I have not received any help towards rent or utilities. I cannot even stock my kitchen up with groceries because he will eat my food while I am at work. He manages to get a few bucks from a friend in town for enough food to survive each day.
He will not leave!
He keeps telling me that if I put him out on the street, he will just come back and the police will let him right back in.
I have consulted my dad on the matter and he keeps telling me 'he has no rights to be there you can just kick him out'. Personally I feel that it is more complicated than that and I can't just simply kick him out. There are legal issues involved where sudden actions like that may get me arrested or in some kind of trouble.
I have been more than generous towards him but I want my personal life back. He has made my living situation at home extremely uncomfortable.
I am basically a hostage in my own home. I have no privacy anymore...
It has seriously effected my life in many ways to the point where I actually avoid my own home after I get off work each day.
I want him out as soon as possible.
Any advice would really help.
I would love to just kick him out, but I don't believe it is that simple.

Thank you!
--Matthew

You can't just kick him out. Even if he has never paid any rent he is considered a resident and must be treated the same way as a tenant.

You have to give him a written notice that his tenancy is terminated and he must move out within 30 days. If he hasn't moved out by then you have to file a lawsuit to evict him.

Quote:

---

Originally Posted by LisaB4657

You have to give him a written notice that his tenancy is terminated and he must move out within 30 days. If he hasn't moved out by then you have to file a lawsuit to evict him.

---

OK, then how would I be able to prove in court that he received and acknowledge the written (or typed and signed?) notice.
Would it only be valid if he signed the notice?
I just want to know how I would be able to prove that he ignored the notice.
I imagine a written notice in court without his proven acknowledgement would not be valid proof that he even saw it in the first place. =/
I really appreciate your information and cooperation on this, Lisa. It means a lot to me. =]

You won't have to prove in court that he received and acknowledged it. Two acceptable methods of delivering a notice are (1) hand delivery; and (2) sending by certified mail, returned receipt requested, and showing a copy of the signed receipt. Since you'll be doing hand delivery all you have to do is tell the judge that you handed it to him. Then, if he ignores the notice, all you have to do is tell the judge that the time has expired and he hasn't moved out yet.

So given my particular situation, if and when he fights me in court. After he is not out by the 30 days, how long would the court give him to be out if my case is valid?

Assuming he doesn't request a hardship stay of eviction (which can be anywhere from 30-90 days) the judge should grant you a judgment for possession that day. Then you can go to the sheriff or constable and request that they perform an eviction. That can take anywhere from 2-10 days or so.

Excellent... thank you so much for all of your help! =]

--Matthew

My pleasure. Good luck!

Just to expand a bit here. Is your dad a lawyer? Wouldn't appear to be since his advice is dead wrong. Your roommate is only partially correct.

Once you let him establish residency, he became a tenant with all the rights of a tenant. That's why you can't just kick him out. And that's why the police will force you to let him back in, because, as a resident, he can't just be kicked out. Had you followed your father's advice, he could have sued you for an illegal eviction and you would have been in bigger trouble. I mention this because your father should learn that giving inaccurate advice could have dire consequences.

What I would suggest, before following Lisa's great advice, is to check with your local housing court for the rules on evictions. Since you left out the key piece of info of where you live, we can't tell you the specifics.

You really want to make sure that you follow the exact rules for your area, giving the roommate no room to protest.