What to do if my ex-boyfriend will not move out of my house?
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What to do if my ex-boyfriend will not move out of my house?
I have given him a month and a half to move but he will not take his stuff. He stayed with me and never changed the address. How can I legally get him out? Can I just change the locks?
Asked on December 29, 2012 under Real Estate Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Did he pay any rent or any form of rent, such as the utilities, etc? If so he will be consider to be tenant; if not and he never changed his address to yours then he will be considered to be a "licensee"; that is someone who has been invited to stay on the premises by the rightful occupant. In either event he will need to be served a notice to vacate. Depending on the state, for a tenant such a notice is generally 30 days and for a licensee as little as 10 days (he may also be termed a "lodger", for which typically a 30 day notice must be given).
If he fails to vacate by the date specified in the notice then depending on his legal status (tenant, licensee or lodger) you will need to file for what in many states is called an "unlawful detainer" or an "ejectment" (both basically an eviction lawsuit) in court. In the meantime, do no form of a self-help eviction such as removing his belongings or changing the locks. You could find yourself in legal trouble of your own if you do.
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