Check out some similar questions!

peggyevelyn · Jan 23, 2015, 12:26 PM

I am giving boyfriend an eviction notice but I do not want him to take anything out of house unless I am present. Can I put this in writing in the eviction notice?

CravenMorhead · Jan 23, 2015, 12:37 PM

Are you sure you can evict him? You might want to talk to a lawyer about this. If his name isn't anywhere on the lease or the mortgage papers then you should be able to change the locks and let him get his stuff at your leisure.

ma0641 · Jan 23, 2015, 12:43 PM

Why are you evicting? Eviction is a legal process. What is your legal basis? Not liking anymore is rarely accepted as a basis. Is this your house or are you renting from someone? Although laws do vary state by state, you’ll need a proper reason to evict someone.

peggyevelyn · Jan 23, 2015, 12:58 PM

He has lived here for a year and a half and we r not getting along. I want him to move asap

CravenMorhead · Jan 23, 2015, 01:19 PM

Which hasn't answered the question. Who owns the house? If it is rented, whose names are on the lease?

AK lawyer · Jan 23, 2015, 01:52 PM

Originally Posted by CravenMorehead

... If his name isn't anywhere on the lease or the mortgage papers then you should be able to change the locks and let him get his stuff at your leisure.

Quite possibly incorrect. And whether or not he is on the lease or mortgage has nothing to do with it Self-help ouster (depending on the law of the particular state) cannot be done legally (and you can be sued for it) if you have an agreement with the BF that he will help with the rent or other expenses, making him a tenant or sub-tenant, in effect.

Originally Posted by ma0641

... . What is your legal basis? Not liking anymore is rarely accepted as a basis. Is this your house or are you renting from someone? Although laws do vary state by state, you'll need a proper reason to evict someone.

Also probably incorrect. If BF doesn't have a lease or a sublease, a tenancy-at-will (at best) is all that he has. In most places the lessor (such as OP) would not need a reason to ask him to leave.

To answer the original question, OP can ask him not to take anything out of house unless she is present. But if he disregards that request there is probably nothing she can do about it, as a practical matter.

talaniman · Jan 23, 2015, 02:35 PM

Originally Posted by peggyevelyn

I am giving boyfriend an eviction notice but I do not want him to take anything out of house unless I am present. Can I put this in writing in the eviction notice?

Yes, you can, but he is under NO legal obligation to obey such a request. Obviously you want to protect your stuff, and that may be a whole different legal matter, as in any breakup/divorce.

Fr_Chuck · Jan 23, 2015, 05:45 PM

You may include that with the notice but it is not binding, and he is allowed to take his belongings out of the house anytime he wants. So your notice will have no real legal affect.

Next is the house owned or rented, whose name is on the paper, eviction is a legal process and there are set rules to evict him.

ScottGem · Jan 24, 2015, 12:00 PM

First, where are you, any question on law needs to include your general locale as laws vary by area. Since he has been there over a year, he is likely considered a resident and must be legally evicted. And changing the locks is NOT a legal eviction.

How quickly you can get him out, depends on local laws. An eviction is a court order. You must given him a written VACATE notice. If he does not vacate by the deadline, you then need to go to court for the eviction order.

If you are concerned about him removing your possessions, then do a video inventory of the home and mark all your belongings. As others have noted, any notice about non removal in the Vacate notice is not legally binding. However, if he takes anything that you can prove is yours (hence the video inventory), you can charge him with theft and/or sue for the return of the items.