Can I evict my ex-boyfriend who still lives with me?

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Can I evict my ex-boyfriend who still lives with me?

He is the father of my 2 year old. He has a know history across 3 states for being mentally/physically abusive and an alcoholic and has warrants in 2 of those states. We currently reside in my dad’s house. My exjust flat out refuses to leave even though I’ve told him to. He keeps claiming he has no money to leave. What do I do?

Asked on March 3, 2012 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your ex-boyfriend is not paying you (or your father; see below) rent, he is a guest. As a guest, he may only stay as long as you (or your father) let him. That permission may be revoked at any time; once it is revoked, if he doesn't leave, he is a trespasser, and you should be able to contact the police to help remove him if he won't go. The fact that he is the father of your child doesn't give him a right to live with you (thoughr remember: he may seek some custody and/or visitation); and the fact that he does not have the money to live elsewhere is irrelevant.


Note that if he is paying rent--which includes paying rent regularly but indirectly, such as regularly paying taxes, utilities, mortgage, etc.--then he is a tenant, not a guest. If he is a tenant, he can only be evicted if he doesn't pay, if he deliberately damages the property, if he violates the terms of a written lease, at the expiration of a written lease, or, if there is no written lease, if you give him 30 days notice his tenancy is ending. If he does not leave at that point, rather than call the police, you would have to file an eviction action in landlord-tenant court.

The issue is who can ask him to leave. You say it is your father's house. If you are renting it from your father, you are the lawful tenant--the person wiht the right to possession--and you can ask the ex-boyfriend to leave; but if you are yourself simply a guest in your father's house, then your father should ask him to go. (If he's a tenant, then it is your father, in this case, who would have to give him the notice terminating his tenancy and/or bring the eviction action.)


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