He lives with me and refuses to leave. We are renting my aunts house, and do not have legal papers (lease). He says because he paid half the rent he doesnt have to leave, I don't know how to get him out of life.
2007-11-01 04:56:06 · 8 answers · asked by Celi 2 in Politics & Government ➔ Law & Ethics
You aunt can kick him out since technically you guys are guests in her house. If he refuses to leave than i could get the police involved and they will force him to leave. If he comes around and starts to harrass you or stalk you than you can get a restraining order against him.
Edit - Since there is no legal agreement with your aunt than he has no legal right to be there. The house belongs to your aunt and is letting you stay there. Yes you guys are paying her rent but since there is no lease agreement there no law that says she has to keep letting him stay there. She can ask him to leave at any point.
I would advise your aunt to send him a formal letter saying he has x amount of days to leave and than after that time if he still refuses to leave than you can call the police and you can have him arrested for tresspassing because at that point he has become an unwelcomed guest but and get it certified so that you can guarentee that he got the letter.
Hope this helps
2007-11-01 05:02:22 · answer #1 · answered by Whit 4 · 0⤊ 2⤋
Right idea, wrong process. Restraining orders exist to help prevent violence. You need to evict him. He is sort of right in that he does not have to leave just because you say so. The rent is irrelevant, the house is his residence.
A couple of people have advocated changing the locks, equated tenancy to payment of rent etc.
He is a tenant there, he has established the home as his residence. The fact that your aunt accepted rent further proves his case that he has tenancy there. If your aunt simply changes the locks or removes his belongings with out an eviction proceeding, he could sue her and would most likely win.
She should first ask him to leave and give him a reasonable amount of time to do so. Most sates require 20 - 30 days notice. While the law may or may not require this notice to be given in writing, it would be best to do so. If he leaves on his own, then you are done with it. If he fails to leave by the given date, then you file eviction papers and have him removed.
2007-11-01 05:03:56 · answer #2 · answered by davidmi711 7 · 0⤊ 0⤋
First of all, you are not guests if you pay rent. A legal eviction must occur. You cannot just toss someone who has paid rent out. Without a lease, it is a month to month tenancy. Your aunt must file eviction proceedings with the court.
A restraining order would be for someone who is in danger. Not someone who wants to get rid of their boyfriend. Any other use is just abusing the court system and you can be sued for abuse of process and filing false charges.
If I wanted to be rid of someone so bad, I would leave. Sounds like you are more worried about having your way than separating from him or you would leave and move on.
2007-11-01 05:06:53 · answer #3 · answered by James Watkin 7 · 0⤊ 0⤋
Well a restraining order would remove him if he is violent.
If there is no signed lease then your Aunt has every right to ask him to leave. The question is a moral one....did he in fact pay? Does what he payed out have a balance owing? In other words, he paid his half for 2 months, but only stayed one month, then he is owed his half of the one month.
A restraining order is drastic. Now on the other hand if he is violent, or has threatened you or the other occupants, or your Aunt, then by all means, get one.
You don't say how old you both are....things change when dealing with Minors....
2007-11-01 05:08:42 · answer #4 · answered by Tira A 4 · 0⤊ 1⤋
Go along to the Citizens Advice Bureau who at the very least will be able to give you informed and factual advice about your position, There may be a Free Law Centre near yoiu too - starting point is your local Library or Town Hall. If you try to do it yourself make sure that written notice is given to him with specific dqtes for elaving and as a precaution invite your local Home Beat Policeman along.
2007-11-01 05:11:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Get your aunt to evict him and/or call the police.
If there is not a written lease, it is probably deemed a month to month lease. Your aunt would have to follow formal eviction proceedings if he did not leave upon her demand.
The police might be able to get him to leave if he poses a threat to you.
2007-11-01 04:59:24 · answer #6 · answered by Anonymous · 2⤊ 1⤋
since there are no legal papers then u can kick him out. As for the restraining order...i think u can only get one if he's harassing u. cant u change the locks?
2007-11-01 05:00:25 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Your aunt has every right to change the locks on the house. Wait for him to go, change the locks. Voila. If he gives you hassle, call the police. Have his stuff ready.
2007-11-01 05:23:04 · answer #8 · answered by daria 3 · 0⤊ 2⤋