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fedupwifeinalabama · Dec 11, 2009, 10:40 AM

I am married and my husband has never been on the lease. We are filing for divorce and my husband does not want to leave and said he can stay as long as he wants because he is not on the lease and do not have a written agreement to pay rent or anything. In the state of Alabama a person with a felony drug possession conviction can not reside in government/HUD housing. He as a felony drug conviction and when I tried to put him on the lease, the land lord said not to worry about it because it was in the middle of my lease and he did not want to do the paperwork to add my husband because he would have to do a background check and that it would make me and my son have o move out also because of my husband drug possession conviction. No that we are divorcing whatare my options for getting him to leave since he is refusing.

ScottGem · Dec 11, 2009, 10:46 AM

Your husband is wrong when he says he can stay because he's not on the lease.

But this is not a real estate issue but a family law issue. As part of your divorce decree the divorce court should order him to vacate.

If you want him out sooner, then you give him written notice now (or before Dec 30) to be out by Feb 1st. Since he is not on the lease, but because he has established residency he is your tenant. So you have to go through the formal eviction process. Since you have no lease or rental agreement he's considered a month to month tenant. So you give him one full month's notice. If he fails to vacate by 2/1 you go to housing court for an eviction order.

But, you are better off dealing with this as part of the divorce.