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I have a question regarding someone moving out of my house.

Hello! I have a...

Hello! I have a question regarding someone moving out of my house

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

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Lawyer's Assistant: What steps have you taken so far?

Asked him to leave

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Answered in 5 minutes by:
3/25/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,263
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 3 months ago
My boyfriend & I have been living together for 5 years. I told him 2 weeks ago he needed to move out. We have no lease or anything in writing. He has started becoming verbally anusive to me & I fear when my son is here he will make a scene. what options do I have?Also, how do I ensure when he moves out that he doesn’t take what doesn’t belong to him??Thank you
Customer reply replied 3 months ago
Oh & I own the home

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 3 months ago
Thank you

I'm sorry to hear about your situation.

This sounds like you may need to begin the eviction process. The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

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Also, if you're concerned that he is going to be abusive, you may want to consider a restraining order. but save the following steps in your back pocket:

Getting a restraining order usually files a few important steps. The first thing you should do is either look online or to go to your local civil courthouse to find out what forms are required for the restraining order. Each county and each state requires different forms so I suggesting going to the courthouse to find out. The first floor where the clerk’s office is usually has all of the forms necessary. The forms eventually have to be submitted to a judge/magistrate who will either approve or deny the request.

Once you’ve obtained the forms, you should fill them out, including all of the detail as to why you feel the restraining order should be granted by the judge. Go to the courthouse to file the forms. You can either wait around or come back later to determine whether the judge has approved the order. If it is approved, the clerk will return to you several copies. One to keep and one to serve. The restraining orders are usually temporary in nature, not lasting over 90 days. The order is enforceable by your county sheriff so if the person violates the order, they can be arrested.

Typically, restraining orders have to be served in person, but they can’t be served by you. This means you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Not long after the order is granted, the court will set up a hearing date for the future to determine whether the restraining order should be continued beyond the 90 days or so. If you believe that it does need to be continued, then you will make your case. If you don’t believe it needs to be continued, then you can tell the judge this at the hearing. Ultimately, it’s entirely up to the judge whether it continues, so you should be prepared either way.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
I cannot ask him to leave sooner if he’s being verbally abusive?
I have read in the city of Portland that I must give him 90 days to evict.
Is there a way to ensure when he leaves he doesn’t take my belongings with him?Also when he’s moving out,
Customer reply replied 3 months ago
Can I evict sooner if he’s not paying his portion of the bills? Or do I still have to give him 90 days?

You could file a restraining order which could get him out sooner. If you can prove to a judge in your county that he is violent, then you could have him leave. Also, if you believe he is violent, you can give him a three-day notice to cure covenant or quit. What this means is that if he refuses to comply with his implied promise to not abuse or harass the landlord, then his rental agreement is terminated in three days. You could cite his abuse as a reason for his termination. If he's not paying his portion of the bills, the 90 day notice would still have to apply, but when it comes to any abuse or harassment, you can submit it in as little as three days.

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If the court denies your TRO, then keep the number of the Portland PD or your sheriff's office nearby so they can intervene if necessary while the eviction process is taking place.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
Thank you!! How can I find the 3 day notice paperwork?

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

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Customer reply replied 3 months ago
Thanks for your help.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

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  3. For your benefit, you can also click here in the future to request me individually.

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Customer reply replied 3 months ago
I do. I looked up the form but it talks about a rental agreement which we do not have in place. Does that matter?

The law will consider you to have a rental agreement even if it is not in writing if you are the owner/primary tenant and he is staying with you.

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Customer reply replied 3 months ago
Ok so I would just list the date he first moved in?

You got it!

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Customer reply replied 3 months ago
Thanks!

You bet!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,263
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
How do I pay you?Also can I serve him these docs or does someone else need to?He’s already harassing me & I need this to stop.

Hello. So, I'm already paid up. No need to worry. Also, you can serve him these docs yourself; you don't need someone else to do them.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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