Do I have to get a legal evicition if my daughter’s boyfriend is living in my house without a lease and has not paid any rent or utilites?

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Do I have to get a legal evicition if my daughter’s boyfriend is living in my house without a lease and has not paid any rent or utilites?

He has livied there for 12 weeks and has also tried to assault my 18 year old son.

Asked on May 14, 2012 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First, if he has tried to assault your son, you have hopefully filed a police report and possibly pressed charges. If you have not done so  yet, do so--you want to create a record of his criminal and tortious actions.

Second, if there is no lease (whether oral or written) and he does not pay rent, he is a guest, not a tenant.  A guest remains only as long as the homeowner or legal tenant--presumably, from what you write, you--allows the guest to stay, and that permission may be revoked at any time. You can tell him to leave; if he will not, he becomes a trespasser and the police should help remove him, if necessary.


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