How doI get my now ex-boyfriend out of my house?

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How doI get my now ex-boyfriend out of my house?

We have been together almost 1 1/2 years. A year ago, I bought a house. He was with me the whole time and has lived there but has never paid any rent or bills. Nothing in the house is his. I am leaving him because he has started drinking again. He refuses to leave. If I pack his things, put them outside, and change the locks, I know that he will just stand outside and make a scene. What is my best option?

Asked on February 11, 2011 under Real Estate Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Since he is not paying rent/utilities, he is not legally considered to be a "tenant".  However, he will most likley be considered a "licensee"  - someone who entered and remained on the premises with permission.  Since that permission has now been revoked, the lawful way to remove him is to serve him with a notice to quit (under these circumstances in some states this notice can be for a little as 3 days, in other as much as 30 days).  If he fails to leave at the end of that time you will have to go through the procedures for eviction in your state.  At this stage the police will be most probably refuse to get involved.  Once the court enters an order for the licensee to vacate the property it will be enforced by the sheriff - using physical force if necessary.

What you need to do now is to speak with an attorney in your area.  They will advise you on the procedures for this.  If you fail to follow with these procedures you could find yourself on the receiving end of a lawsuit for unlawful eviction.  Therefore, be sure not to use any "self-help" as changing the locks or removing his belongings. Otherwise you could find yourself on the wrong end of a lawsuit.


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