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I live with a man that even,though we have broken up refuses

Customer Question
to move out until the...
I live with a man that even,though we have broken up refuses to move out until the end of August. I understand I have to,evict him, but my question is that he refuses to,sleep in the spare room because it has no bed. The police were caled because I wanted him out of my room and they stated I had to let him be there. Is this correct? Is he allowed to invade my private space like this.
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 11 minutes by:
7/19/2015
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,725
Experience: Attorney over 17 years, landlord 26 years
Verified
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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Have you given the person any written notice to terminate their tenancy?
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Who owns the bed?
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Is there some reason you don't move to the spare bedroom?
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thanks
Barrister
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Customer reply replied 2 years ago
I have not given him anthing in writing yet. I own the bed. I have lived in the condo for 6 years, he has been there 2 months. All my things are in that room, he only has a picture of his kids on the night stand. All his things are in the spare room. I won't move there because it's my house, my bed, and all his things are in there
Lawyer: barristerinky, Attorney replied 2 years ago
Ok, then if it is your bed, then it is your personal property and you have no legal obligation to allow him to use your personal property. So you can refuse to allow him to sleep in your bed and force him to sleep elsewhere or on the floor if he is determined to sleep in that room. If he has always slept in that room then as a month to month tenant under an oral tenancy agreement, then unfortunately he could do so.
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If you had him sleep in the other room when he moved in, that would be his room and he would have no right to enter your room without permission.
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As for getting him to leave, you would need to give him a written 30 day notice to terminate his tenancy. If you don't give him formal written notice, then when August comes, he can simply refuse to do so and the law is on his side because you can't legally evict him without a court order.
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Once the 30 day notice expires, if he hasn't moved, then you can file a formal eviction action in court to get a judgment of eviction and a writ to have the sheriff physically remove him.
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thanks
Barrister
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Customer reply replied 2 years ago
So, I can't stop him from sleeping in the room, but I can stop him from sleeping in my bed. Am I understanding that correctly he will call the police and they have already told me that I can't stop him from being in the room do I have to prove its my bed. I know this seems crazy, buts it's my life right now. When I tell him he can't be in my bed he will do it anyway and I will have to call the police.
Lawyer: barristerinky, Attorney replied 2 years ago
""So, I can't stop him from sleeping in the room, but I can stop him from sleeping in my bed. Am I understanding that correctly.""
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Yes, that is correct. You have no obligation to let him use your personal property.
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"" he will call the police and they have already told me that I can't stop him from being in the room do I have to prove its my bed.""
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I don't think that the police will inquire into seeing an actual receipt or proof of purchase for the bed. If he can't prove it is his bed, then I think that they would assume it is yours if you are the only one on the lease or deed to the property.
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thanks
Barrister
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Customer reply replied 2 years ago
Ok, but since he will refuse me, the police will have to be called. When they arrive I can say it's my bed and I don't want him using it. But they told me the last time I had no choice. What can I say if they tell me that again?
Lawyer: barristerinky, Attorney replied 2 years ago
Honestly, if the police tell you that you have to let him use the bed, then you are kind of stuck at that point and your options are to share the bed or sleep in another room.
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I realize that this is not an optimal solution, but if the police side with him, those are your only options..
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thanks
Barrister
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Customer reply replied 2 years ago
Wow. That sucks. Thanks for your time
Lawyer: barristerinky, Attorney replied 2 years ago
I agree. It seems that sometimes doing someone a favor and letting them move in with you ends up biting you later since the law can end up being on the other person's side and it takes a while to get them out..
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thanks
Barrister
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Customer reply replied 2 years ago
I personally don't understand why he wants to sleep next to someone who hated him, but whatever. Last question, even if I give him the 30 day notice, he can contest it and I have to wait another 30 days? Can I make notice, or does it have to done through the court
Lawyer: barristerinky, Attorney replied 2 years ago
Again, I completely agree with you. It doesn't make sense to me as well..
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""Last question, even if I give him the 30 day notice, he can contest it and I have to wait another 30 days? Can I make notice, or does it have to done through the court
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No, there is no way to contest the termination. His tenancy just ends on the 31st day after you deliver the notice. Then you can proceed with a formal eviction if he hasn't moved.
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If you can tell me what state you are in, I will see if I can find a template 30 day notice for you..
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thanks
Barrister
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Customer reply replied 2 years ago
Nevada
Lawyer: barristerinky, Attorney replied 2 years ago
Ok, this is a link to a 30 day you can print, fill out and give to him:
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http://www.clarkcountynv.gov/Depts/constable/mesquite/Forms/30-Day%20Notice%20to%20Quit.pdf
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Make sure you keep a copy. If you wanted to make it more scary, you can have the local sheriff serve it on him. If he thinks law enforcement is already involved, he may move out without you having to go through a formal eviction in court..
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thanks
Barrister
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barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38,725
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Experience: Attorney over 17 years, landlord 26 years

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