What to do if my ex-boyfriend will not move out of my house?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-boyfriend will not move out of my house?

I have given him a month and a half to move but he will not take his stuff. He stayed with me and never changed the address. How can I legally get him out? Can I just change the locks?

Asked on December 29, 2012 under Real Estate Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

Did he pay any rent or any form of rent, such as the utilities, etc? If so he will be consider to be tenant; if not and he never changed his address to yours then he will be considered to be a "licensee"; that is someone who has been invited to stay on the premises by the rightful occupant. In either event he will need to be served a notice to vacate. Depending on the state, for a tenant such a notice is generally 30 days and for a licensee as little as 10 days (he may also be termed a "lodger", for which typically a 30 day notice must be given).

If he fails to vacate by the date specified in the notice then depending on his legal status (tenant, licensee or lodger) you will need to file for what in many states is called an "unlawful detainer" or an "ejectment" (both basically an eviction lawsuit) in court. In the meantime, do no form of a self-help eviction such as removing his belongings or changing the locks. You could find yourself in legal trouble of your own if you do.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption