Do I Need to Provide an Eviction Notice?

I was told by the police dept. that if someone lives with you for 6 weeks that the habitation becomes "community property". I know that is for married people but he said that it applies to anyone that lives with you and you cannot just kick them out, you have to go through the legal formalites and go to a JP and have the papers drawn up and then they have 30 days to get out. I know it really stinks, but many do not know this and he may not know this either. I was also told that you could write up a notice and get it notarized and that would probably pass. I wish you a smooth transition and blessings.

He has no legal right to be there outside of your "invitation" that you will be revoking. You need to get the locks changed as soon as possible.

Honey, there is no reason at all he should try and stay there if you ask him to leave. Why would he not leave if you ask him to? If he does not leave willingly, which he should, CALL THE POLICE. Your name is on the lease (which was a smart move...hindsight maybe?)Have a copy of the lease ready, a family member there for support, and the police will stay thee until he clears his things out. There is no gray area here, and there must be a reason you anticipate a problem. If this is going to be a 'clean break', you must not dilly dally. Your health and the health of the baby is the most important things right now.

My understanding is you have to live somewhere 6 months to establish residency. Your boyfriend has been living with you less than 2 months, I'd think you could just change the locks.

In Texas, he is what is still leagally known as a "squatter". It doesn't matter if he has another place to live or not, he is a long-term guest. When you revoke his invitation to live at a home which is legally yours (in this case, via lease), then he is considered a trespasser. So, if he won't leave, then you call the police and they remove him; you can then press charges if you like. Simple as that! Don't worry about the mail etc, it has nothing to do with it. Good Luck!!

No, you do not have to formally evict him. The apartment is in your name and he is not listed as an occupant. Simply call the office and tell them you want to have your locks changed. It's a small fee, but worth it. If they ask why, and you don't feel like discussing the real reason, just tell them your spare key was lost/stolen, and you would feel safer with different locks. Dump his belongings in a few trash bags (can't be that much since he still has his own place and it's only been a month) and leave it on his front porch.

A.,

If you don't want him there anymore and your name is on the lease, just ask him to leave. It's not that hard. If he doesn't...tell him either he leaves on his own or you're gonna have the police excort him.

Even better than that, if you have questions about your lease, ask your leasing office.

Hi A.,

I was an Assistant Manager at an apartment community for 6 years. If he is not on the lease- then you could have your locks changed by the office- for a fee. Just make sure first that he was not added on the lease- then they are not allowed to give him a key if he comes to the office. You may just let them know that you are changing the locks because you no longer want your boyfriend to have access. Ask them to put a note in your file and on the key release log- just in case a new person or temp is working and he tries to come in and get a key. You could say "If ________requests access to my apartment do not give him a key and please call me at ___________"- that way you will know he tried to gain access and you can be prepared. I wish you the best of luck- this is not an easy situation for you to be in-especially now- but God always has a plan- we just do not always see it.

God Bless you and your family.

You may not need to evict him formally, but if your apartment manager finds out he's living with you, you may be looking for a place to stay!! In the last apartment I lived in, the young man upstairs was evicted because he had his girlfriend living with him when he was the only one listed on the lease. Most leases have a specific limit as to the amount of time you can have overnight guests. I would try to get rid of him first, before you involve the apartment management or the police. Good luck!

I divorced in February 2008 and my then H was stating he would not leave even though everything was in my name other than the light bill. He even rented a room at somebody elses house and was paying there but would still not leave. I talked to my attorney about changing the locks and I was advised not to do that because he had established residency. He said that because he had mail coming to the house not just the light bill but just junk he had established residency and I would have to evict him. Fortunately by me telling him I would do this, he left on his own and I was advised to make him remove everything to eliminate the residency. This was in Texas so not sure where you are. If you are not sure, I would talk to an attorney.

Since you and the kids are the only ones on the lease he cannot establish residency at your apt. his name must be on the lease. If you to do separate all you have to do is talk to your apt. manager and she will take the necessary steps to have him evicted. If I understand you correctly you say that he has a separate apt. in his own name? If that is so then he will need to move back if you separate or you see your apt. manager. I hope I was able to help.

Call the Attorney General's office and someone there will give you free advice to answer your dilemma. Good luck.

Hi. You don't say if you are already having problems with your boyfriend. Or why he still has the other place. Or if he is the father of your unborn baby... You cannot formally evict someone that is not in the lease. You just tell him to leave. If he doesn't, you call the police.

A friend of mine recently went through this and he did end up having to go to court. Her son was the name on the lease and she was living there without providing any assistance financial or otherwise. He told her she needed to leave and she refused. She had her son committed to a mental institution! After three days of observation the DR released him and he talked to a judge who said he would have to take her to court to get her out of his place!! He did, along with his brothers to testify that their mother was nuts. She was served formal eviction papers and she did leave.

Hopefully you won't have to go to that extreme. I would just tell him that right now you need to focus on you and the kids and ask him to please move back to his place. You could also talk to your landlord and ask them- they'd know. Definitely explain that he has his own residence, because they don't really like people living there 24/7 who are not on the lease, but tell them you are concerned because you've begun to receive mail for him at your address. He spends the night there sometimes and you want to break up with him but it looks like he's wanting to reside there against your will. See what they say.

S., mom to four, bedrest and preterm labor with #1-3.

hi call the police they will tell you the right thing to do
L.

Since he has another place where he lives there shouldnt be a problem. Make sure you tell your post man the names that live with you and the ones that dont. Grab the bills that have his name on them and write them letting them know that your place is not his place and give them his true address. Then kick his butt to the curb :) Hes not on the lease and he has another place so you shouldnt have a problem. If you think you may have a problem call the police and find out their policy on getting someone out of the house.

Hi A.,
If he has his own place and sounds like you haven't broken up yet why should he still be living there after you do.If hes in right mind he should know and feel hes not wanted and go to his own place.If he wont leave sometimes you may have the authorites involved to make him leave.
You also should also NEVER be w/ someone a minute longer if you know you don't want to be w/him.It also sounds like you have small children and from experience children growing up need LOTS of attention from thier single primary parent{usally the mother} and its easier if moms not going from guy to guy and having that distraction the rest of their lives.Let them be the one that gets all of your LOVE and if you must date wait a very long time before you bring him home or introduce him to your family.
Why not date you've allready been w/someone for a period of time and had babies whats the rush to settle down again besides your wants of waking up to someone by your side.You have your children that need ALL of your LOVE.They don't need to see you going through an emotional rollercoaster over a guy.
Just think about it.Dating can be fun later too.

Greetings A.~

Having the apartment in your name, you do not need to provide him with an eviction notice. Tell him he has 1 week or 3 days to find him another place to live. You do not have to explain to him why. It also seems as if you want the relationship to be over. You have your hands full with being a mother of 2 1/2 and taking care of your home and attending school. One thing you do not need right now is added stress, and you are right your health and children are most important right now.

I don't know for sure, but I wouldn't think so. Unless he is on the lease, it is your place and your responcablilty.