Do I have to evict my ex-boyfriend from my home or can I just tell him to leave and, if he doesn’t, ask the police to remove him as a trespasser?

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Do I have to evict my ex-boyfriend from my home or can I just tell him to leave and, if he doesn’t, ask the police to remove him as a trespasser?

I am the homeowner and have allowed him to live with me for several years while we were together. He has never paid rent. We have never had any written or oral lease agreement. We have broken up but he refuses to leave.

Asked on September 29, 2011 under Real Estate Law, Connecticut

Answers:

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

Answered 11 years ago | Contributor

If your ex-boyfriend has not paid rent or any form of rent (utilities, etc) he will be considered to be a "licensee" (i.e. long term guest). As with a tenant, a licensee must be legally evicted. This means that you would have to serve him notice (in most jurisdictions 30 days). If he does not leave by the date specified in the notice then you will have to file an "unlawful detainer" (i.e. eviction lawsuit). Assuming that you prevail , the court will issue an order for him to vacate the premises. If he still fails to do so, then you can have the sheriff/marshall come and physically remove him if it comes to that.

Until you have complied with all legal procedures, he cannot be removed as a trespasser. Additionally, if you attempt any self-help measures such as changing the locks, you can be sued for illegal eviction.

At this point, you should consult with an attorney in your area that handles landlord-tenant matters or at least speak with a tenant rights organization.


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