If my ex refuses to move out of my apartment, what canI do without having to go to court?

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If my ex refuses to move out of my apartment, what canI do without having to go to court?

I have lived in the apartment for 5 years he has for 3 years. I have have a small child and no local family, his child doesn’t live with us and he has local family. We do not have a lease agreement. My landlord views me as his tenant but doesn’t want to get involved. I do have a lease agreement with my name on it but it was not signed. The cable and electric are in his name by his choice, both of which he is not paying and waiting for them to shut off. He verbally agreed to move out on thje first of next month but is now refusing.

Asked on October 25, 2011 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your former boyfriend agreed verbally to move out of the unit he is sharing with you where the lease is in your name alone but has second thoughts, you need to immediately serve him with a thirty (30) day termination notice of his lease with you.

If he does not vacate the rental after the thirty (30) day time period, your option would be to then file an unlawful detainer action against him and go to court seeking an order of eviction. In the interim I would change the untilities into your name and then sit down with him in order to get him to voluntarily leave the premises.

Good luck.


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