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Coleen Hoffmeister
Coleen Hoffmeister, Mother, Grandmother, Wife
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Getting my boyfriend to move out

Customer Question

How do get my boyfriend to move out? He refuses to do so when I ask. I have been living in my house for 13 years (a rental) and he moved in 4 and a half years ago. Do I have any legal ground to stand on because I've been renting here longer? Can I get a restraining order or get the local police to help?
Submitted: 11 years ago.
Category: Relationship
Expert:  Coleen Hoffmeister replied 11 years ago.
It depends on who is on the rental agreement. If you a solely on the rental agreement, he has to move out.

In order to get a restraining order, you have to show you are in fear of him, that he has threatened you, etc.

You need to check with your police department, a lot of them will not get involved because it is a domestic matter.

Is your rental property an apartment or a house? You may have to seek legal assistance through the courts in getting him "evicted."
Customer: replied 11 years ago.
Reply to Coleen Hoffmeister's Post: My name has been on the rental agreement up until about a year and a half ago when we put both of our names on it. Now what? Any other suggestions? Thanks.
Expert:  Coleen Hoffmeister replied 11 years ago.
Now it's a little bit trickier. You both have equal rights to the rental. You didn't tell me whether it was an apartment or a house. If it is a rental property, such as an apartment complex, do you have a relationship with the rental agency? If it's a single house unit, do you have a good relationship with the owner?

Who pays the rent? Do you or is he paying for most of it. If you pay most of the rent, you will need to get your receipts together and be able to prove it. This, as well as the electric, etc.

If you have a relationship with the owner, talk to them and see what they suggest since you have been renting from them longer.

You will get better results if you talk to him and tell him it's over and one of you has to move out. You can tell him the courts will favor you because you have lived there longer than he has and that you are willing to take legal steps to get him to move out. If this doesn't work, you will need to back it up and will probably have to either go to an attorney or it may be possible to file it in small claims court, but I doubt that this will work. This situation is just as it would be if you were in a divorce situation, both sides have rights.

If the relationship is abusive, then you can get a restraining order. Just because he is not wanted there, you cannot do much right now because his name is XXXXX XXXXX rental agreement.

If you can't work it out verbally, then you reallly will have to go talk to an attorney.

The only other option is to start working on getting yourself out of there, save the bucks, make the move and just leave it all behind.

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