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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17302
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Have a roommate (used to be personally involved until April

Customer Question

Have a roommate (used to be personally involved until April 2011). He moved out then and asked to come back due to a hurricane and loss of power. Within 6 months our relationship tanked again and I asked him to move. He refuses to do so and we have no legal rent agreement. We live in a house I own and I want to sell it. He threatens to thwart the sale "because we have been together for over 5 years"... and he yells, throws things and has broken many of my possessions. How can I get him out?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. If there is no rental agreement between you and him and you no longer want him living there, he would need to vacate the property. The reason being, is that he does not have a legal basis to stay and you have advised him that he needs to leave. If he will not do so voluntarily, then you would need to go through the eviction process through the court. The clerk of court in the county where the home is located should have the forms for you to fill out and file, to start the process. He would have a right to defend the eviction but based upon what you described above, he has no legal basis to stay. The fact that you have dated for over 5 years is not relevant to anything and if his actions did hurt your chance at selling the home, you could sue him for damages suffered, along with the items that he has broken on his own. If violence does occur, 911 would need to be called but absent that, it is a civil matter and the police are not likely to get involved.

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Customer: replied 1 year ago.

I have the papers for eviction but the process is ridiculous. Take time off work, pay a fee to file, go to court..... Can't I just have an attorney send him a letter to evict. He has only contributed $300.00 towards all household expenses since December 2012. He fishes every weekend, has a camper, truck, two boats but uses me for room and board because as he puts it, "he can". Keeps saying he's moving but makes no effort. He doesn't have the money to move on his own and this situation is making my life miserable.


 

Expert:  LegalKnowledge replied 1 year ago.
Pam, thank you for the additional information. An attorney could send him a letter but there is no legal effect to it. He could just disregard the letter and throw it out, since he can not be forced out of the home, without court order. The cost to file and any other damages can likely be recovered during the process, so you should not be out that money. If you did not want to take time off work, which I can understand, you can always retain legal counsel to represent you and try to recover attorney fees from him as well.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17302
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer: replied 1 year ago.

Your answer is what I have been told in the past but was hoping for a different opinion. My daughter can't understand why I can't get him out. He doesn't pay for anything. This is domestic crap that fills up the courtrooms and I don't want to be part of that scene.

Expert:  LegalKnowledge replied 1 year ago.
The law does not allow self help in a situation like this. What I mean by that is changing the locks and forcing him out, since if you did that, he could try and turn around and sue you, since it is illegal. The fact that he does not pay for anything nor has a right any longer to stay there is a basis for the eviction.

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