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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
...for the last 5 yrs ...We have 2 kids
...doesn't help with the bills rent etc we also don't get along anymore
This is far more of a divorce situation than a landlord matter.
Get real legal help.
Quote:
...he's being ignorant saying I have to legally evict him
Only the LL can evict a tenant whether named on the lease or not.
But once a LL gets involved in your private life?
These situations USUALLY end up with EVERYONE being evicted.
get the divorce type legal help
---
Once the LL gets you, your kids, your problem out, fix up the place some,
and then he can rent it out for even more. win win for him.
And probably gig you for some damages over 5 years too.
You do have to evict him. Are the kids his, also? If yes, then this is going to be more complicated than you think. Imagine if a woman with two kids together with her boyfriend is living with him and their children, long term. He decides he's sick of her, but wants their kids. He's gonna have a hard time evicting her, since it's a family home, even if they're not married. No judge is going to let him throw her out. If your kids are with him, you're likely to run into the same issue.
If the kids are not his children, you would have an easier time evicting him. It's gonna be uncomfortable, since you'll have to give him notice, and go to court. It's going to take at least a month, and he's going to be living there while you do it.
Why isn't he on the lease? Does the LL know he lives with you? Is he living there in violation of your lease?
Are you receiving Sec 8 and is he there in violation of Sec 8 rules?
If either of these is the case, he could cause you a lot of trouble. What about paying him to move out? You could offer him money to move out, rather than paying a lawyer to run the eviction and pay the court fees. I would say that $500 would be about right. But of course you should plan to change the locks immediately after he is out, and you've got to coordinate doing this with your LL. That's going to cost you, too.
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
Depends on your state. But yes, having lived there so long, in many states he does have the status of your tenant. As well, because you've been together for so long, he may have quasi-marital and/or parental rights.
See an attorney. Most don't charge for the first visit.
Don't mess with this. See an attorney. Even if it costs you money that will take you several years to pay, you do not want him to be awarded formal legal rights to your income or your kids. Even if he doesn't like the kids, don't think for a moment that he wouldn't use them to retaliate against you. You could be letting yourself in for 18 years of grief if you don't do this correctly.
This is far more of a divorce situation than a landlord matter.
Get real legal help.
Only the LL can evict a tenant whether named on the lease or not.
But once a LL gets involved in your private life?
These situations USUALLY end up with EVERYONE being evicted.
get the divorce type legal help
---
Once the LL gets you, your kids, your problem out, fix up the place some,
and then he can rent it out for even more. win win for him.
And probably gig you for some damages over 5 years too.
If he isn't named on the lease then effectively the OP is the LL and can have him evicted, he has no legal right to occupy the premises after proper notice is given.
Quote:
Originally Posted by Katie1
Take the kids & Move!
If they are his kids that is called parental kidnapping/abduction.
OP, you are in a tough situation and need legal help. There are plenty of organizations that do this type of work so find one and get real help, don't trust the peanut gallery on the internet. This is going to be a long and drawn out process and you need to make sure you don't make a mistake that could cost you custody of the children.
True, you would have to evict him, he has established residency. Whether his name is on the lease or not.
If your lease is ending soon move to a different place with the kids and don't have him on the lease and don't let him live with you. It's not kidnapping if you move down the block to a different apartment. But he does have just as much right to the kids as you do so custody is a different thing. If when you move if he wants to get his own place and bring the kids there it is his right too. Just don't let him stay at new place and establish residency, then you will have to evicted him there. Establishing residency in some states takes as little as a week, but I am sure laws differ from state to state..
My sister had a kid while not married and lived with the guy for a while. When she moved back to parents house and took baby home with her and left dead beat (he didn't work either) he came to "visit" baby and then tried to leave with baby. Police called, police asked my sister if his name was on birth certificate, nope, she didn't put fathers name in. Police then wouldn't let him take baby, but if his name was listed on birth certificate he would have been allowed to.
Last edited by Izzie1213; 02-13-2018 at 10:41 PM..
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