What do you do when you are ready to move on, but your ex won’t move out of your home?

If your name alone is on the deed, you are sleeping in separate areas, and you share spaces such as a kitchen or living room, your ex will be considered a tenant in a shared facility.

Absent a lease or other written agreement, property owners seeking to evict tenants from shared facilities are not required to provide a reason. You simply must provide the tenant with a 30-day “Notice of Termination” stating that they need to move out within 30 days. If you are evicting your ex for nonpayment of rent, you can provide a 7-day Notice of Termination. If you are evicting them for causing damage to the premises, creating health hazards, or otherwise making the home unsafe, you can provide a 72-hour Notice.

These cases are different from traditional eviction actions in that you don’t need to involve the Court. At the end of the notice period (on the 31^st day if you gave a 30-day notice) you can change the locks. If necessary, you can ask law enforcement for assistance in removing your ex from the home.

Lastly, if your ex leaves personal property in the house, you must make the property available for pickup for at least three days, after which time, you can dispose of the property.  It is advisable to provide written notice of the 3-day period.

Evicting a live-in partner can be tricky, but with a capable attorney, it can be done efficiently. The attorneys at Wescott Law have the knowledge and experience to help you with all of your eviction needs.