House guest turned squatter (apartment, lease, eviction)

[Donovan108]

Long story short, I had a friend who needed a place to stay to get back on his feet after hard times. I allowed him to stay with me in my apartment... Well one month turned into two and three etc. etc. It has now been approximately one year and after much discussion and argument he is refusing to leave and claiming squatters rights?

I pay the rent, utilities, and all other expenses to keep up MY apartment which is leased under MY name. The only contribution he has made over this time has been purchasing some food for the apartment and providing minimal funds to help from time to time (no more than $500 - $900 over course of year- which he stated he wanted refunded to him?) while my expenses for total rent and utilities, food etc. have easily surpassed $16,000.

What are in fact his rights? Is a 30 day eviction notice required under these circumstances? How do I get him out???

Any legal advise is much appreciated. Thanks!

[Parnassia]

Originally Posted by Donovan108

Long story short, I had a friend who needed a place to stay to get back on his feet after hard times. I allowed him to stay with me in my apartment... Well one month turned into two and three etc. etc. It has now been approximately one year and after much discussion and argument he is refusing to leave and claiming squatters rights?

I pay the rent, utilities, and all other expenses to keep up MY apartment which is leased under MY name. The only contribution he has made over this time has been purchasing some food for the apartment and providing minimal funds to help from time to time (no more than $500 - $900 over course of year- which he stated he wanted refunded to him?) while my expenses for total rent and utilities, food etc. have easily surpassed $16,000.

What are in fact his rights? Is a 30 day eviction notice required under these circumstances? How do I get him out???

Any legal advise is much appreciated. Thanks!

C-D doesn't and shouldn't be giving legal advice, but informally, yes, you'll probably need to evict him. You gave permission for him to be there. Even though he hasn't paid rent, he's established himself as an occupant of your apartment. He probably has personal property there too, right? Even worse if he's ever used your apartment address for official purposes (received mail, parcels, or had any bills sent there, shown the address on accounts like for a phone, or on other records).

What has your landlord ever been told about this "arrangement"? If he doesn't know anything about it and your lease doesn't permit a "guest" to stay with you longer than some specific length of time you could be evicted yourself for violating your own lease. If your "friend" was never added to the apartment lease he's not your landlord's tenant, he's yours. Up to you to evict.

The "loan" could be a separate issue. If the two of you agreed any money he gave you was a loan, not repayment for anything you could still owe it whether he shared your place or not. Sounds as if he's pulled this sort of thing before and that you need to get a much better handle on financial agreements you make with other people to protect yourself. Get it in writing and have a witness to corroborate your claims! Right now, everything is hearsay including this story.

Here's some tenancy information for KY. Follow the state eviction process:

https://www.hud.gov/states/kentucky/...g/tenantrights

Be aware that Kentucky may have put a moratorium on evictions right now due to Covid-19. Some landlords are offering "cash for keys"; offering cash if the unwanted person moves out by a certain date.

[Teacher Terry]

I would kill him). JK. I don’t understand how someone could take advantage like that. So sorry.

[Charlotteborn]

Next time he leaves put his stuff in the yard and change the locks.

[MrRational]

Originally Posted by Donovan108

...he is refusing to leave and claiming squatters rights?

How well do you get along with the Landlord?

Getting him out will require the LL's cooperation.
Done poorly it will mean that YOU will be leaving with him.
The specifics will depend on what the LL:Tenant laws in YOUR county and the lease say.

[Parnassia]

Originally Posted by Charlotteborn

Next time he leaves put his stuff in the yard and change the locks.

Nope! This could get the OP sued for illegal eviction...especially now! Sounds as if this "guest" is more than capable of pursuing it. The suit might be tossed out, but not before a lot of inconvenience and more expense.

[Teacher Terry]

If your lease is up just move without renewing.

[marino760]

I'd hire an attorney for guidance and help with the paperwork and then begin eviction process. It's worth the money. I sure wouldn't give up an apartment I like and move unless that was a last choice.

[skeddy]

when your lease ends, move.

[TedH71]

When you move, tell the landlord. That squatter will be evicted. Have you told the landlord about this issue yet? I would do so NOW.