can i throw a friend out of my house

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can i throw a friend out of my house

my husband has borrowed a lumpsum ammount from his friend who is staying in our
flat which is in me and my husbands name. we have taken this flat on loan. he is
not paying a single penny for it . and now not ready to go out of it . my husband
is unemplyed and always borrowing money from same friend so supporting him only .
but now i dont have home to stay. how to throw this friend out of my flat

Asked on May 9, 2017 under Real Estate Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The legal owner of a property (or the legal tenant) cannot throw out a guest of the other owner (or tenant). At least not without the other's consent. If your husband at some future point wants this person to vacate, then you will both have to file for an "ejectment" since he is a guest (this is like an eviction but for a tenant). If, however this person has paid any form of rent (i.e. for groceries, utilities or the like), then he may have now attained the status of "tenant". This means that the legal owner of the property would have to file for an eviction.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You AND your husband TOGETHER could remove the friend: if he is not paying rent, he is a guest, not a tenant, and a guest may be asked to leave at any time. If he won't, you could file an action "for ejectment" in county court to get a court order directing the sheriff or a court officer to remove him. You can get instructions on how to do this from the court (probably online; if not, in person). 
But if your husband is willing to let him stay, you can't remove him: *either* owner or renter of an apartment has a right to have guests, so if your husband lets him stay, you cannot get him out, the same way that if you wanted a friend or family member to stay with you, your husband could not remove him or her.


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