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Old 10-24-2009, 09:27 AM
 
1 posts, read 4,644 times
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I have a lease with an apartment complex and my boyfriend lives with me, but is not on it. I want to break up with him and he said if we split, I have to go thru the "eviction" process. I am not in a position to waste money on filing for it if it won't work. Any ideas how I can get him out of my apartment? My lease isn't up until March--but I don't want to wait til then-- I want him out now! Thanks for any help!
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Old 10-24-2009, 09:35 AM
 
Location: Inactive Account
1,508 posts, read 2,470,396 times
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Tell the apartment manager that you have a "guest" that is not on the lease who refuses to leave. See if they'll step in.

Evictions ("summary ejectment" in NC) are not that complicated, nor do they require a lawyer. But they are time consuming and it could take 2 or 3 months before a deputy arrives to remove the tenant under order.

It might be easier to just move out, yourself. Then the apartment complex will tell your ex to move or sign a lease. But if there's damage to the apartment, they won't bother going after him - they'll ding your security deposit.
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Old 10-24-2009, 09:47 AM
 
43 posts, read 122,683 times
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I had a similar problem and I went to the apartment manager and explained the situation to her. She was a tremendous help and started by writing a 3-day notice for eviction. The situation was volatile so the eviction was for both of us. I acted as if I was moving and he started looking for a place to live. Meanwhile I was moving my stuff into another apartment in the same complex.

So, if you think you have an understanding manager....go speak with them.
If not, be careful, since alot of leases have rules regarding persons not on the lease living in an apartment.
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Old 10-24-2009, 10:11 AM
 
4,010 posts, read 8,925,228 times
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I am pretty sure that if he isn't on the lease, he has no rights on the place. If so then tell him to get out. If he doesn't, call the police.
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Old 10-24-2009, 10:36 AM
 
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Don't let him stay too long or he might claim squatter rights.

lol --them him squart your culo right out of here.
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Old 10-24-2009, 10:43 AM
 
Location: Inactive Account
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The police will not get involved. It's a civil infraction.

Seriously, the easiest solution is to move out, if he won't. The ex is most likely going to move when the apartment manager sends him a letter, at whatever stage that occurs. Only a fool would allow himself to be evicted. That will go on his credit report, and then no complex anywhere will rent to him for a couple of years. Say hello to "couching it" with friends for a while!
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Old 10-24-2009, 10:49 AM
 
4,222 posts, read 6,710,745 times
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Quote:
Originally Posted by lumbollo View Post
I am pretty sure that if he isn't on the lease, he has no rights on the place. If so then tell him to get out. If he doesn't, call the police.
Very true. He is uninvited. Call the police. He is tresspassing.
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Old 10-24-2009, 11:04 AM
 
Location: Charlotte, NC
7,041 posts, read 13,105,221 times
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Quote:
Originally Posted by vindaloo View Post
Very true. He is uninvited. Call the police. He is tresspassing.
Unless the laws have changed since I was a property manager, this is not true. He knows his stuff, unfortunately. The only way to get him out (unless your apartment manger helps you as was previously posted) is to file an eviction with the county.

And, that is valid if all he has in the apartment is a toothbrush....
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Old 10-24-2009, 11:18 AM
 
Location: Charlotte, NC
2,352 posts, read 4,025,679 times
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Quote:
Originally Posted by chicagocubs View Post
Unless the laws have changed since I was a property manager, this is not true. He knows his stuff, unfortunately. The only way to get him out (unless your apartment manger helps you as was previously posted) is to file an eviction with the county.

And, that is valid if all he has in the apartment is a toothbrush....
I recently went to an eviction hearing with a friend, and the judge was annoyed when someone wanted to evict a person living in their home. The person was NOT on the lease - the judge said an eviction can only happen if someone has a lease. If there's no lease, then no lease is being broken. She said it was a matter for the police, not the court system.

You can certainly have him arrested for trespassing, if he's not on the lease.
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Old 10-24-2009, 01:04 PM
 
4,010 posts, read 8,925,228 times
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Yeah, this is why I said, call the police and report him for not leaving. Put his stuff outside. If you have to, toss it over the balcony.
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