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    Tonia B's Avatar
    Tonia B Posts: 2, Reputation: 1
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    #1

    Aug 4, 2008, 03:00 PM
    Evicting my boyfriend
    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.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Aug 5, 2008, 06:52 AM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Aug 5, 2008, 07:53 AM
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 6, 2008, 06:39 AM
    Quote 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.?

    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.
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