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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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I'm Kendall. I am currently living with my significant other

Customer Question

I'm Kendall. I am currently living with my significant other whom I have tried to get to move out of my house for over a year now. It is my home, the utilities are in my name but he does get mail here. We also have a child together. I want him out how do I go about that?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Do you own the house or are you the only one on a lease?
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Have you given your partner a written notice to vacate?
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thanks
Barrister
Customer: replied 1 year ago.
The mortgage is in my name as are all the utilities. I have only given him several (and I mean several) verbal warnings to leave. My concern is with my child as well.
Expert:  Barrister replied 1 year ago.
Ok, how about the deed to the home?
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Are you the only listed owner?
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thanks
Barrister
Customer: replied 1 year ago.
Yes I am.
Expert:  Barrister replied 1 year ago.
Ok, then you are the legal owner of the property and he is considered to be a month to month tenant under an oral lease agreement if you allowed him to live with you.
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In order to terminate his tenancy, you have to first give him a written one month notice stating on what day his tenancy will end.
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If he doesn't vacate, then you can file a formal eviction action, called an unlawful detainer, in court to get a judgment and writ of possession to have the sheriff physically remove him.
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This generally takes about another 3-4 weeks, depending on the court's schedule.
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If you wanted to scare him and make it more formal, you can have the sheriff serve the one month notice to terminate his tenancy. Often if someone already thinks law enforcement is involved, they will move out without the need for a formal eviction case.
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thanks
Barrister

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