[Erobins25]

Hi, My boyfriend (well ex) and I have been living in an apartment for 8 months in the Bronx, NY. However, his name isn't on the lease and I would like him to move out. I changed the locks one time before and the police told me I can't do that because he's been living there past 30 days. So I had to let him back in or else he could press charges against me for not letting him in. How can I get him out then?:confused:

[rockinmommy]

You'll need to evict him. Has he been paying anything towards the rent? And if so has he stopped paying, or is he still paying? If there was a payment agreement and he's in violation you can go about evicting him for non-payment. If he's basically current on all of his obligations and you just want to end his tenancy he's "entitled" to the proper notice. Usually around 30 days - varies by location. You can check your state's landlord / tenant laws. There's a "sticky" a the top of this forum with a link to each state's laws. Then if he doesn't leave by the time that's up you'd file for eviction.

OR you could make it worth his while to leave. Offer him cash... it does wonders.

[Erobins25]

Well the agreement when we first moved in was that he would pay the rent and I take care of all the other bills (which were electric and gas). He's not working anymore (about 2 months) and only gives me money when he can, but it's not nearly enough. (the rent is 1000 a month plus other bills I have) The relationship has ended on other things with us but I just want him out and want to move on. Trust me I've learned my lesson on moving in with someone!!


Offering money does sound good, any suggestions on the amount?

[wolf2008]

Offer him 500 dollar if he doesn't take , go to the court and explain the situation maybe you can get a court order on him to stay away from you and tell them he is harassing you in not wanting to leave.

[rockinmommy]

Well the agreement when we first moved in was that he would pay the rent and I take care of all the other bills (which were electric and gas). He's not working anymore (about 2 months) and only gives me money when he can, but it's not nearly enough. (the rent is 1000 a month plus other bills I have) The relationship has ended on other things with us but I just want him out and want to move on. Trust me I've learned my lesson on moving in with someone!!!

So I would make out a written accounting of each month's rent, each bill, etc. And then fill in what has been paid, by whom, so that you basically come up with a "total due" that he owes. Then I'd give him a Pay or Quit, or Pay or Vacate notice. It just states that he has XX days (it varies - see your state law) to pay the total amount due or you will file an eviction suit against him. Then on the morning of the day after the notice is up you go to your local eviction court and file. They'll serve him notice of the hearing. If he leaves you can drop the case. Or, you show up to either get a default judgement (if he doesn't attend the hearing), or you present your case to the judge if he shows up to defend himself.

Offering money does sound good, any suggestions on the amount?

You know better than probably anyone what would work. It might work well to present him with the Pay or Vacate notice, AND when you give it to him say, "look, I don't want to drag this into court......if I give you $300 (or $100, or $500, or $1000 - whatever would motivate him) will you just leave by Monday so we can be done with this?"

[rockinmommy]

offer him 500 dollar if he doesnt take , go to the court and explain the situation maybe you can get a court order on him to stay away from you and tell them he is harrasing you in not wanting to leave.

I agree on the $500 (or whatever would be enough to motivate him to leave.) As for the rest... it would be nice if it worked that way. Unless he has threatened you, and unfortunately in many places it has to be a pretty serious, physical, witenssed threat, they'll just say it'sa civil matter and you need to evict him.