Are you ready to move on, but your ex isn’t making any effort to leave your home? Your ex may have certain rights depending on the living arrangement and any agreements you may have made during your relationship. 

Is My Ex a Tenant? What Does That Mean?

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

Because penalties for violating landlord-tenant laws are strict, we recommend providing written notice of the termination of the shared living arrangement to protect yourself from liability. 

Absent a lease or other written agreement, property owners must provide the tenant with a 30-day “Notice of Termination” stating that the tenant needs to move out within 30 days. No reason is required for this 30-day notice. 

You may be able to end your uncomfortable living situation even sooner if certain conditions apply: a 7-day Notice of Termination is allowed for nonpayment of rent, and only a 72-hour Notice of Termination is required if your ex has caused damage to the premises, created health hazards, or otherwise made the home unsafe.

Ask for Assistance

These cases are different from traditional eviction actions in that property owners don’t need to involve the Court. At the end of the notice period (on the 31st 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. In this situation, if you fear for your or your children’s safety, you may also want to pursue an Order of Protection. 

Lastly, if your ex leaves personal property in the house, you must make the property available for pickup for at least three days from the date of the lockout, after which time, you can dispose of the property. It’s a good idea to inform your ex of this timeline before disposing of the property so there’s no confusion. 

Evicting a live-in partner can be a difficult and stressful situation, but with a capable attorney, it can be done safely and effectively. The attorneys at Wescott Law have the knowledge and experience to assist with the eviction process.

Wescott Law is one of the Lakes Region’s largest law firms, and provides representation in eviction and litigation matters to individuals and businesses throughout the state. Contact us today for a free consultation at info@wescottlawnh.com or (603) 524-2166.