can i kick him out legally?

2016-06-05 12:22 am
i have this guy who's been living in my house for the past few years. he doesn't pay rent or contribute to bills. recently i found out he has been stealing from me. i have no physical tangible or visual proof of this, i just know it.
i want to kick him out. is there any legal rigamaroll keeping me from doing this?

回答 (16)

2016-06-05 2:11 am
Exact laws vary by location.

In most, if not all, locations, he would have the rights of a resident. You need to give him proper written notice to move, then you can evict him at the end of the notice period if he hasn't left. The notice period is usually 30-60 days, depending on location.

If you have proof of him stealing, you can get him out faster for breaking any implied lease, or via a restraining order. You also can report it to the police.

But right now, with no proof, you have to give proper notice. It's highly illegal just to kick him out.
2016-06-05 12:58 am
Normally, you just ask him to leave, and then give him a month or two to leave. If there's a problem, then you would need to go through the eviction process. It's different in each state, but generally you file in court and it takes 30 days. Then, if he doesn't move out, you can have the sheriff department move him out, and you would change the locks.

But normally you don't go through all that. Just ask him to move. You can tell him the truth, or you can give him some bs reason, like you just want more space, or that you've just come to a point in your life where you want to live alone.

It doesn't matter if there's a written lease, or if he pays rent. All that matters is that he lives there, so he has the right to a certain amount of time to move. The amount or time varies by state. But in most states it's 30 days.
2016-07-01 4:55 pm
This is why I don't want to room with anyone in an apartment or rental, unless if I know the person REALLY well, like a close friend or family member, than it would be acceptable to me. Someday when i move out i want to have a place of my own and not have to worry about this stuff that most people put up with on a daily basis.

If he is not willing to help you pay utilities and keeps stealing, I would kick him out. He will keep doing this to you if you ALLOW it. He won't stop doing this to you unless you take action. I don't know what the process is for your landlord to go through removing a person from the agreement that you both made TOGETHER, that you signed and agreed to, but he's only agreeing to living with you to not paying the bills and stealing from you. I would not put up with that. Nor would I want to be friends with someone like that because all he's doing is taking advantage of you and your generosity. He is using you if you allow it, especially for a FEW YEARS that you been rooming with this guy. He is more likely to be a toxic friend or roommate that I would not want to have around. These people are like parasites and it would drive me nuts. I know your Fed up with it, but why did you put up with it for so long? If he's stealing, set up hidden cameras in the apartment, including your bedroom, where people would more likely go in and take things, like money or clothes. Once you have the evidence, confront him about it and then decide whether or not you should kick him out. Otherwise, read the other answers other users have provided.

Are you the HEAD of the household? If so, I would imagine that you can do whatever you want. I would talk to your landlord and see what they say. I'm sure they will allow you to remove him off the agreement. Who said you can't?
2016-06-05 2:57 am
No. You can ask him nicely to leave, see how that goes. If he's rude, serve him with a written notice to leave in 30 days or whatever your state law requires. Consider getting a restraining order the moment he appears to be violent. If he's still there after the notice expires, you then get to file for an order of eviction (or whatever your state may call it). It could take months to get the hearing, wait out the appeal, get the final order issued and served, and have the sheriff come physically remove him.

Again, try to be nice about it and avoid all that. Maybe offer him an interest-free loan to help him get started somewhere else...
2016-06-05 5:44 pm
yes you can silly. You can kick him out illegally too
2016-06-05 2:29 pm
It depends on your state laws. In California, a person can make the property his legal home without paying, staying in there even though he had been told to leave, and making his presents known. There's a legal name for this, but I don't remember.
2016-06-05 6:06 am
I'm going through the same exact thing! Go to a legal advisor, they'll don't charge as much as a lawyer.
Explain to him the situation, and get an eviction going. They'll give them a 3 day notice to pay or quit. Then they'll give him a 5 day notice is he doesn't answer. If he doesn't answer you'll get the writ and it'll get them evicted.
The whole process takes about 10 days, if it goes smoothly.

Be super careful!!

My roommate was stealing from me too & she was on the lease. Today she left and for my safety I was advised not to be there.
They broke into my room, stole ALL My belonging, wrecked my car, and vandalized the house.

I'm not saying they'll do it to you, but don't make the mistake I did and make sure to have cops to escort them.
2016-06-05 3:10 am
Probably but you referred to him as thisguy so he does not sound like a family member or friend those people because I know money gets tough you should have a contract in case of this event. You can tell him to leave then and if he doesn't just call the cops.
2016-06-05 2:43 am
BE careful- after this amount of time, he has likely gained the advantage of having your address as his legal residence. That means you could find him suing you if you don't follow the rules of eviction *very carefully*.

Google "legal eviction" and your state and city/town.
If you aren't sure of the rules, get a lawyer.
And as for stealing, make sure you have absolute proof- if you have surveillance tape or something else concrete, that's great- butr again, you could find yourself being accused of making a false police report if there isn't enough proof, and possibly of slander. This isn't unlike the case of the horrid nanny the couple couldn't get rid of for months for the same sort of reasons.

Evict him legally and carefully, and make sure you don't have any pets caught up in the mix, or kids, and park carefully as well. There's a lot he could do to you. Good luck.
2016-06-05 1:13 am
Google landlord tenant laws your state.

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