I want my ex-fiance to move out, what can I do?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

I want my ex-fiance to move out, what can I do?

I own the home; all utilities are in my name. He pays me cash week-by-week for living expenses. Do I have to give him notice? Can I pack up his stuff and place it in storage? Can I change the locks?

Asked on August 1, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Is your former fiance' a tenant of your home or a guest?

If he is a tenant, is there a written agreement signed by both of you concerning your home. If so, read the agreement carefully in that its terms control the obligations owed by you to him and vice versa.

If he is a tenant and there is no written lease agreement between you two as to terms of the lease, you should serve him with a 30 day notice to vacate as a matter of course.

If he is a guest of yours just paying you weekly for living expenses, you really do not need to give him a 30 day notice to vacate, but one would be a good idea for future problems that you might have with him in not voluntarily leaving.

If he does not leave in 30 days, an unlawful detainer action against him if a tenant is in order. Changing the locks at this stage is probably not a wise plan if the situation is amicable. I would request that he pack his belongings and start moving them to storage. You do not want to have a situation where he could come back and make claims against you.

 


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 lock Secured with SHA-256 Encryption