[treyball3]

A friend and I bought a house together a while back. Needless to say, I should've listened to everyone who told me it was a dumb idea. We bought it as a 'flip' that we would live in for a couple years and resell. Well, now I'm getting married and want to live there with my future wife. So, we worked out an agreement for me to purchase his half and I will own the entire house. The sale will be finalized on April 30th with him supposedly moving out that next weekend.

Well, throughout the whole process he's treated me like complete crap! I've been so stressed out these last few weeks that I've been sick a lot. Anyway, that's all a long story, that is irrelevant. After I own the house, can I force him out? Is he then trespassing on my property? I've read some of these where the person has their stuff in the house, it shows they are a guest or have a right to live there, or whatever. But that was when him and I were both owners. Once I'm the owner, does he have to have my permission all over again to be a "guest"? I want to force him out for 2 reasons. One, because he may end up trying to stay around for longer, which will run into the wedding time. And 2, because he's been a complete jerk to me, and it would feel good. :)

Should I draft a letter giving him notice that he has permission to live in my house until May 6th, which is that next Sunday, and then after that, he is considered a trespasser? I don't want to NOT give him some kind of notice, because then he could stick around indefinitely and technically become a 'guest'.

Any advice would be helpful.

Thanks

[excon]

Hello trey:

When the law peers inside a private residence, they see only 4 categories of people; 1) owners, 2) tenants, 3) houseguests, and 4) trespassers. If he stays beyond the closing, he's a #4.

Like all people who sell their houses, he has to move. Why would he think he doesn't?

Ok, here's what to do. Write him a letter. Send it certified, return receipt requested. In it, tell him that if he's not out on the closing date, the cops will put him out. You might suggest that he leave before he embarrasses himself.

Then if he's not out, do it.

excon

[ScottGem]

Lets take a step back. Why would you think he would stay? Why are you anticipating something that may not happen. He's obviously known about this for some time. Do you now whether he's made arrangements for someplace else to live?

I would not start with threats. The minute the closing is complete, he no longer has a right to live in the house. Forget what you heard or read. Unless there is a stipulation in the closing agreement that gives him some extra time to move, he legally has to be out before the closing. If you want to give him a week, then do so. But don't make threats about what will happen if he's not out, unless he's been making noises about not leaving.

[treyball3]

Thanks for the quick replies guys! Well, without getting into the hours upon hours of stories I could tell about him, basically he's just an untrusting, very insecure person that treats everyone like crap. I don't know that he'll try to stay longer, but I wouldn't put it passed him, knowing the kind of person he is. The reason that he might stay is that he's looking to buy his own house with the money that he's getting from me. He hasn't found anything yet which means he may not have something by the time I'd want him out. If he doesn't want to rent an apt for a month or two while he keeps looking for a house, he may try to stay. Granted, this is all speculation at this point. But I just want to be prepared, and know my options.

[ScottGem]

I wouldn't open with threats. You might drops some hints by getting him U-Haul brochures or estimates from movers. I would try not to turn it into a confrontation. I mean you wre friends at one point.

But, if he isn't gone after the closing, then you need to stasrt getting a little tough.

[treyball3]

Ok, we signed the papers today for the refinance of the loan, and we both signed the quit claim deed. Our mortgage broker is waiting until next week to file the quit claim deed because that's what the roommate and I agreed on (because he won't get his half of the money until Monday). I had originally told him that I would like him out by the 6th of May so that my fiancée and I have a couple weeks to get the house ready before our wedding. I asked him today what his plans were and he said he plans on staying through the end of May, because he doesn't want to close on a new house until the end of the month and doesn't want to sign a 6 month lease for an apartment. And he's not guaranteed to find a house this month either, so end of May is best case I guess. The end of May does NOT work for me. My questions are this... if the quit claim deed is filed on Tuesday morning, is he officially a trespasser at that point? Am I able to call the police to have him removed? What proof of ownership do I need when the police show up? My mortgage broker says he thinks I need to wait a few days until the paperwork clears in the county offices. Also, I don't want to be a TOTAL jerk (just mostly), so I would like to tell him he has until the 6th to get his stuff out or I'm calling the police. Can I do this? Or will it then seem to the law that he was invited to stay and is a houseguest? Am I better off just doing it immediately? I just want to make sure I do this right so that I can legally have him removed and not have him considered a guest, or tenant or whatever. Because I need him out asap. Excon previously suggested sending him a certified letter with return receipt to have him out by closing date. Can I send one saying he needs to be out by the 6th? Or is it too late at that point?

Thanks so much for any advice!

[ScottGem]

You have a copy of the quit claim deed. Send him the letter. Tell him you are sorry but waiting until the end of May does not work for you and you need him out by 5/6. If he isn't out you will take legal measures to remove him.