How to kick an ex out of my house. There is no lease, He is not on the title, and we were never married.?

Question

I moved out and let my ex stay in my house provided I was given some money every month, we never had any kind of written lease or agreement. His name is not on the title, and we were never married. He basically lives in my house with his 2 kids for free and now I may need to move back there. How can I get him out legally asap without spening a ton on $$$ we lived there together for 3 years up unitl April when I moved out.

Answer 1

Evictions are difficult. You may be able to bluff. Send him a registered letter telling him he must leave the property within 30 days. Show up in 30 days and tell him you will call the police if he doesn't leave. If he refuses to leave, then you have troubles. You could try having him arrested as a tresspasser. I don't know if the police will arrest him, though.
If things get tough, you will have to talk to a lawyer.

Answer 2

first off if it was your house you should never have moved out and you should have told him he had to move out. An ex, family, or friend will always take advantage of you because you will allow them to. Send him a letter sent certified mail, return receipt requested and tell him he has 30 days in which to vacate from the date he receives the letter. Explain that if after 30 days he has not vacated the house you will legally file eviction paperwork to have him removed from the premises. Without a lease in place he is considered a Tenant at Will, you are allowing him to live there in NC you have to give a guest or roommate or a renter with no lease a 30 notice to vacate you cannot just kick them out.

Do not turn off the electricity or change the locks even though it is your house, do everything legally so he has no recourse to sue you for wrongful eviction.

It should not cost you much money to file eviction paper work with the courts, maybe $100 or a little more. Unfortunately you might want to give him until January to vacate because you'd hate to kick him and his two kids out around Christmas.

Answer 3

Since it is your house and there is no lease, you can simply put all his stuff out on the curb and change the locks. If he never leaves the house, you could simply call the police and have him charged with "trespassing."

Being a human being, I don't imagine he will take kindly to coming "home" to that without warning, so I would give him notice that you are planning on bringing in paying tenants after such & such a date and that without a lease he should consider this a notice of eviction for unlawful tenancy.

It doesn't matter if YOU are the new tenant.

However, you'd best do so quickly, because the longer they are there, the more rights they have (ever heard the term "squatters' rights"?). If he's been there long enough, you may end up having to give him 30 to 90 days eviction time.

Obviously, its a bad idea to enter into this kind of significant financial relationship with somebody (even if he is your lover) without paperwork.

Answer 4

I had the same exact problem recently.
cops cant do nothin so dont bother- he is a legal resident - just like a tenant, it dont mater that you were involved- or for how long, nor does it matter what kind of arrangement you had.
you will have to legally evict him- in th process of doing so - let me give you a few tips.
send him a certified letter requesting that he leave immediately due to - whatever reasons stated, also make sure you leave a contact phone number and address on that letter along with a demanded response date -give him a few days to let you know his intentions but not much longer. Save your receipts for sending the letter as proof it was sent, hopefully he will agree to move in a reasonable time of about a month or so. If he agrees - get it in writing ASAP, then take your contract with him to leave along with certified letter down to the superior court- and file a eviction, only costs about $30 to represent yourself pro-se. You need to file for a eviction because without - there is nothing saying he ever agreed to leave, if everything goes well and he finds a place you may never need to follow through with court proceedings- but if he somehow gets "stuck" there - you will be glad you already started with court because it can be a month wait just for a court case. Presentled all the information and without a lease - he should be told by the judge to leave- although he maybe given a month or 2 to find a place (longer with the kids there). But it is only right that he be given time to find a new place to live , as it is right that you be given back your houses ASAP, so sadly you do have to follow through with a eviction- it should work out in the end.

Answer 5

I'm afraid I don't know the legal situation where you are. Attitutudes to 'common law' partners vary. Ifs and buts don't help, but as you don't live there, too I am surprised you have nothing in writing! If you lived there it'd be change locks, pack, etc.

If he has stopped paying you then he is a defaulting tenant, but as you never had a tenancy drawn up I'm not sure if you can use that line. If you reckon you can then give him notice. He can't be expecting to scrounge off you forever.

I take it you have asked him to leave? Presumably he isn't going to want to live with you if you move back in?

I suspect you may need to get your foot back through the door before further action and you probably will need a lawyer. The ages of his children may be relevant too.

Answer 6

google will find the laws in your state/province/country.

you have an implied lease in that he is supposed to give you "some money" every month. A lawyer would argue that he therefore has an implied lease on a month-to-month basis at the minimum terms set by the law in your location.

you'll likely need to sent him a notice terminating the lease/his occupancy with a 30 day deadline. My thought is you'll not be able to start eviction until after that, UNLESS he has breached the implicit lease by not paying you anything in the past month. THEN you can probably start eviction procedings immediately -- AND you need to know how to prevent him from curing the breach by paying you and then being able to claim another 30 days [LIKELY you'll need to refuse to accept any money -- see the law].

GL

Answer 7

If there is no lease and no documents were signed move back into the house with him still living there , change your mail back to the house and tell him to move out and if he refuses call the police and tell them to evict him . You don't have to support any one why let the bum stay there to begin with ? If that dont work have some one losen a water pipe call the health dept. have the bldg condemed then get him out then fix it up.

Answer 8

Check with the local County Clerks office (go there, don't call) to get all of the proper information and forms. Give a simple written explanation to the Clerk, they may or may not need it.

Ask if they have a little info brochure that covers all your questions.

Best of luck to you, it's not going to be easy but you will get through it and be all the more wiser for it in the end.

Answer 9

Call the police, but I think that since you guys actually lived there together for more than 30 days, he is considered a tenant now. You'll probably have to give him a months notice and follow eviction procedures.

Answer 10

Serve him with an eviction notice. If he has been receving mail there he can prove residency. To legally force him to move you must give him a 90 day eviction notice. At least in CA if a tenant has been there over a year they get a 90 day notice. After that you must deal with the police dept and the courts to remove him which will cost you time more than anything else