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    SUEANNS1's Avatar
    SUEANNS1 Posts: 1, Reputation: 1
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    #1

    Dec 19, 2008, 01:23 PM
    Evict daugher's boyfriend
    My daughter's 24 year old boyfriend has stayed with her in the finished basement of my home for almost 1 year. He has never asked permission nor does he pay rent or any expenses. It is starting to cause problems for other members of my family and I would like him to move. I've told him this but he has yet to move out. How can I force him to do so? Can I put his things out?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Dec 19, 2008, 01:28 PM

    You have to give him a written notice that he has xx amount of days (depending on your state) to move. Make sure you have proof and include dates. Then if he isn't out by that date go to court and they will give him a formal eviction notice. Then if he still doesn't move the sheriff or constables will remove him.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Dec 19, 2008, 01:30 PM

    How old is your daughter?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 19, 2008, 01:31 PM

    How does your daughter feel about this? You may have to evict both. Does your daughter have a formal arrangement with you to pay rent? This may make him HER tenant and may mean SHE has to be the one to evict.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Dec 19, 2008, 03:24 PM

    I am not sure you can evict him.

    If this daughter is a adult, and she has an apartment in your home, she is considered a renter even if she does not pay rent.

    So in her "apartment" you can not evict anyone that she allows in there.
    So you may have to evict her and him.
    badboymagnet's Avatar
    badboymagnet Posts: 24, Reputation: 2
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    #6

    Dec 19, 2008, 08:12 PM
    Quote Originally Posted by SUEANNS1 View Post
    My daughter's 24 year old boyfriend has stayed with her in the finished basement of my home for almost 1 year. He has never asked permission nor does he pay rent or any expenses. It is starting to cause problems for other members of my family and I would like him to move. I've told him this but he has yet to move out. How can I force him to do so? Can I put his things out?
    I didn't read anything regarding an apartment or rent, just a finished basement. I read you allowed the boyfriend to stay there with your daughter, who I will assume is adding to the disruption because you want to kick the boyfriend out of YOUR house. Does he receive mail at this address? If so, depending on state law he could legally have rights. I would call the cops and have him removed. If he can't show any legal rights to be on your property then he takes his stuff and leaves though a police escort.. Please keep in mind that this is your home and his extended stay has expired (unless of course he can prove otherwise).
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Dec 19, 2008, 08:19 PM

    In my state the cops will not get involved in making anybody leave unless it is domestic violence and then most often they spend a night in jail and go back to the home unless a PFA can be gotten against them.
    badboymagnet's Avatar
    badboymagnet Posts: 24, Reputation: 2
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    #8

    Dec 19, 2008, 08:33 PM

    What state do you live in?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Dec 19, 2008, 08:52 PM
    Quote Originally Posted by badboymagnet View Post
    I would call the cops and have him removed. If he can't show any legal rights to be on your property then he takes his stuff and leaves though a police escort.
    Sorry this is incorrect advice. Landlord/tenant disputes are civil not criminal matters. The police won't get involved.

    Chuck is saying the same thing I was getting at. Its unclear whether the finished basement is a separate apt or not. But it might be such that this is the daugher's space and he's her tenant.
    badboymagnet's Avatar
    badboymagnet Posts: 24, Reputation: 2
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    #10

    Dec 19, 2008, 09:26 PM
    Quote Originally Posted by ScottGem View Post
    Sorry this is incorrect advice. Landlord/tenant disputes are civil not criminal matters. The police won't get involved.

    Chuck is saying the same thing I was getting at. Its unclear whether the finished basement is a separate apt or not. But it might be such that this is the daugher's space and he's her tenant.
    I apologize for the misunderstanding. I did not mean to impy that anyone should call the police because they want someone to leave after living there for almost a year.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Dec 21, 2008, 02:41 PM
    Quote Originally Posted by badboymagnet View Post
    I apologize for the misunderstanding. I did not mean to impy that anyone should call the police because they want someone to leave after living there for almost a year.

    The Police will not remove somebody from the property if they have lived there for any period - doesn't have to be a year. It's not a criminal matter. It's a civil matter. A person can basically spend one night on the sofa and argue that they live there - a little far fetched but hopefully you get the picture.

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