Do I have to evict someone if their name is not on the mortgage or lease? 7 Answers as of August 18, 2011

I want my partner to move out. We have no agreement or lease. He does get his mail at the address and he says I need to evict him to get him out even if he is not on the ownership of house nor any lease agreement.

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Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Who owns the House? If you are the owner and you have allowed him to live there and he refuses to leave, then yes, you have to evict him since, technically, he is your tenant.
Answer Applies to: Michigan
Replied: 8/18/2011
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
No. He is in the house as your guest. But if you are male/female look out for the common law marriage law of Alabama.
Answer Applies to: Alabama
Replied: 8/18/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
He is correct. His status is that of a month to month tenant. You have to give him a legal notice of termination of tenancy (30) days if he has been there less than one year, otherwise 60 days.
Answer Applies to: California
Replied: 8/17/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
It sounds like he's what's called a "licensee", meaning that you're just letting him live there and he doesn't pay any rent. You'll need to have a process server serve him with a ten day notice to leave and then take him to landlord and tenant court. I suggest that you hire a lawyer. The rules are tricky and one mistake and you may have to start all over.
Answer Applies to: New York
Replied: 8/17/2011
Frances R. Johnson
Frances R. Johnson | Frances R. Johnson
You may have to depending upon what the agreement was for your partner to reside with you. Call an attorney with landlord-tenant experience where you live.
Answer Applies to: Colorado
Replied: 8/17/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    If he is a tenant, you will probably have to file an FED complaint, unless he is harassing you, and then you can get a protection from harassment, which will kick him out.
    Answer Applies to: Maine
    Replied: 8/17/2011
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