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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27237
Experience:  Attorney with experience in family law.
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I have an apartment with my name on the lease only. I am currently

Customer Question

I have an apartment with my name on the lease only. I am currently living with my boyfriend who is also the father of my child. He has been living with me since mid February. I do want him in my apartment. I am currently in ahead situation that has been ongoing. I can not take it anymore. I wanted to know the fastest way to remove him from my apartment without filling a PFA
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I cannot afford a lawyer
JA: Is there anything else the Family Lawyer should be aware of?
Customer: I have gotten a PFA on him before, that I later dropped.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation. What state do you live in?
Customer: replied 5 months ago.
Customer: replied 5 months ago.
What is the fastest and legal way that I can have him evicted immediately without a PFA
Customer: replied 5 months ago.
Expert:  Lucy, Esq. replied 5 months ago.
Thank you. Legally, he's a tenant. And that means, unless he's violated the lease, the fastest (and only) legal way to evict him is to give him a 30 day notice to terminate the tenancy. The only way to get him to move immediately is if he agrees. It is possible to offer him money to waive his rights to 15 days notice and go, but I'm sorry to say, the legal process for removing someone from your home is not fast. The notice to terminate must end at the end of the month, so the soonest it would be effective is May 31 - if you served him within the next few days. It helps to hand him the notice in front of a witness who can testify in case he tries to say he didn't get it. If he does not leave, you have to go to court and file for an eviction. If you feel unsafe, take your child and leave the premises until he has moved out.
Expert:  Lucy, Esq. replied 5 months ago.
But if you try to change the locks to make him go, he can get a court order requiring you to let him back in, and that's just going to make a bad situation worse.
Customer: replied 5 months ago.
The eviction gives him another 30 day
Customer: replied 5 months ago.
So all together he will be there for 60 days?
Expert:  Lucy, Esq. replied 5 months ago.
15 days for the notice. If he doesn't leave, it can take on average 30 days for the eviction. Some people will leave on their own to avoid a judgment, but he could wind up there as long as 60 days. Evictions unfortunately aren't an emergency procedure. If he's violating an agreement the two of you had before he moved in, then you could serve a 3 day notice to comply with the lease or vacate. Or you could file for immediate eviction if he's destroying the property or using it for illegal purposes.
Customer: replied 5 months ago.
He has broken my bathroom door.
Customer: replied 5 months ago.
He has cause damaged to the living room in my living room wall. He is not on the lease therefore all the damages will be my responsibility. He is constantly threatening to break my property as well.
Expert:  Lucy, Esq. replied 5 months ago.
Destruction of the premises has to be something like knocking holes in the walls, floors, or ceilings, or trying to burn it down.You can call the police if he's threatening you or your child.
Expert:  Lucy, Esq. replied 5 months ago.
You have the ability to sue him for the cost of repairing all the damage to the premises. What you're describing doesn't sound like enough to evict him without notice, but it's hard to say without seeing it. The problem is, if you go to court today and file for eviction based on eviction, and you go to court in a month, and the judge disagrees with you, you have to start all over with a new 15 day notice. It could wind up taking longer.
Customer: replied 5 months ago.
Thank you so much. I apologize if I'm asking the same questions. I'm a little distraught right now. To put it all together, you're saying I should hand him a 15 day notice for his eviction. After that if he refuses to leave my apartment than I should file an eviction through the court?
Expert:  Lucy, Esq. replied 5 months ago.
I completely understand, and you're not. Yes, a 15 day notice terminates his right to live with you. If he doesn't leave by June 1, you can then go straight to court and evict him.
Expert:  Lucy, Esq. replied 5 months ago.
Did you need any more help with this?

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