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No , she needs to stay with the kids. The lease is in her name . I would speak with the landlord about getting him out if he doesn't contribute financially to the household.
You could try filing an eviction on your own, without a lawyer. You can read up on line how to do it in your state. Or you could go to legal aid for help in the eviction. But if he fights it, he will be able to draw it out for a very long time. He is living with his child. Imagine a woman, living in an apartment with her child, where the boyfriend, father of the child, pays the bills and lives there too. Now imagine that boyfriend trying to evict the mother of the child from the apartment that they all live in together. See? No judge is going to evict her.
If you just abandon the apartment, you will lose your deposit, and you will wind up with an eviction on your record, because the LL is going to have to evict the boyfriend to get him out, and he will evict everyone on the lease - that's YOU.
Again, the best way to get him out is to PAY him to leave! Offer him the cost of evicting him, minimum of $500, probably $1000, to leave. If he agrees, notify LL that this is what you're doing and then change locks immediately upon his leaving. Make him sign a paper saying that he gives up all claim to the apartment in exchange for the money and him leaving. Oh, and then run and file for child support, as soon as he's out.
Most landlords require a list of occupants; there could be a loophole there if he's not listed, however, reporting who lives in the units responsibility of the lessee.
With proof of any past or current domestic reports the renter can break the lease leaving him no choice but making other living arrangements. Landlord may be willing to relocate the OP within their vacants.
What do you plan to do when he tells your child he's not her father?
If the OP had mentioned Sec 8 in the opening post the early replies would be different.
The Sec8 voucher is tied to THAT specific property and impacts all decisions.
Making too much noise WILL get the attention of the HUD people involved
The not on the lease baby daddy on the premises is against those rules.
The LL intervening doesn't help much either as that too is likely to have her evicted along with the BD.
There is no GOOD way to resolve this.
Per op post #11 NOT on sec 8 and she pays all the bills
She can't evict him yet. She has to give him a 30 day written notice to vacate (Which would be smart to do only in front of impartial witnesses). Then, if he fails to move out, she can commence the eviction process.
Depending on her lease agreement, if this goes South, she could get evicted / lease-terminated herself, because she allowed someone to move in even though he's not on the lease.
I already have full custody also I can't move I can't afford to pay a deposit plus 1st and last rent again I've been here for 5 yrs why should I have to move he should just leave he has a mom he could stay with my dad died last year and so I have no family left also I have no friends or anything cuz I focused on my boyfriend and kids we got together when my daughter was 6 mos old I left an abusive man and moved states away that guy has nothing to do with my daughter but the guy I'm with she believes is her dad I don't hate him I just don't want to live miserably I can't believe he won't just go to his mom's since he knows all this
No , she needs to stay with the kids. The lease is in her name . I would speak with the landlord about getting him out if he doesn't contribute financially to the household.
NOT the LL's problem.
The last thing a LL wants to be is a social worker. Go this route, and the LL is likely to throw up his/her hands and say "All of you, out!"
Hi I have lived with my boyfriend for the last 5 yrs but only my name is on the lease. We have 2 kids also in our house. My boyfriend doesn't help with the bills rent etc we also don't get along anymore I have asked him to to leave but he's being ignorant saying I have to legally evict him since he's lived her so long is that true
I don't believe 5 years is long enough to constitute a "common-law" marriage. Typically, it requires 7 years in most States.
You will have to legally evict him. I suggest searching the internet for landlord-tenant rights groups in your local area. If you live in a town with a major university, they'll will have one for students and non-students (especially if co-located with a law school).
You will probably have to pay the initial filing fees and any other fees associated with your court, which often includes the cost of a bailiff/sheriff serving notice upon your boyfriend.
Bring a copy of your lease with you, when you consult your local landlord-tenant rights group.
You could bring this to the attention of your landlord for help, but that might also result in your eviction.
If it would be me, I would simply move to another apartment and leave your boyfriend holding the bag.
Ok thank you for all replies but again I'm not on section 8 also ok for the last 5 yrs he hasn't worked until this past summer as a construction worker but it lasted 4 months also most of the time he will watch kids sometimes but if we're fighting he says take my daughter with me but regardless no can't move to another appt in complex cuz it's more like townhouse appt don't want to involved an I shouldn't have to move also if this gets legal it'll probably go worse for me I know it's cause trouble guess I'm stuck unless he decides he wants to go
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