What do I have to do to get my children’s father out of my house?

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What do I have to do to get my children’s father out of my house?

I am a homeowner. I live with my 2 children as well as their father. He has lived with me for 5 years and he has never helped with the mortgage or utilities. His name is not on the mortgage loan or on the deed. We are not married. I want him out of my house. What do I need to legally do in order to move him out?

Asked on August 19, 2011 Minnesota

Answers:

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

Answered 10 years ago | Contributor

Since he has not paid rent he is not a tenant. However since he was invited to stay long-term, in most states, he will be considered to be a "licensee". Accordingly in order to have him removed from the premises you must serve legal notice to quit (in such a case it is typically for 30 days). At that point, if he is still there you will need to file an "unlawful detainer" in court (i.e. eviction lawsuit). Once the judge issues an order to vacate, if he still remains you can have the sheriff come an physically remove him if it comes down to that. The whole process generally takes 4-6 weeks or more to complete.

Note: Do not try any "self help" remedies such as removing his personal things and/or changing the locks. If you do you could be sued by him for unlawful eviction.

At this point you should speak with an attorney that handles landlord-tenant cases.


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