Tuesday, October 25, 2011

How do I go about getting rid of a "squatter"?

Long story short...boyfriend of 6 years lives w/ me and we have two kids together...has screwed me over so many times...I want him to leave but he won't. We rent and the lease is in my name only. I tried to get my landlord to do an eviction on him, he said he would but then didn't. B/f hasn't hurt me so there's no reason for the police to remove him or for me to get a restraining order to keep him away. How can I get this jerk out of my house and my life?

P.S. I have seen enough Judge Judy to know that if I throw his things out I might have to cover damage costs to them. Also I don't think it's legal for me to just change the locks...I live in Michigan and don't know what the laws are here...any ideas???
How do I go about getting rid of a %26quot;squatter%26quot;?
You do not need the landlord to evict your B/F. The apartment is your property (not currently the property owners) as long as you are paying the rent on time. Since you are the only name on the lease, you are the only person with a %26quot;right%26quot; to live there. Anyone else is your guest. Give him written %26quot;notice%26quot; to vacate (if you want to be safe make it 30 days and the court will not think you are being a jerk if it gets that far).



Then have the locks changed after the 30 day mark, and do not let him back in to YOUR apartment. I would not suggest charging him rent, because that may violate your rental contract you signed regarding subleasing (prohibition against subleasing is in most rental contracts). If you do decide to change the locks make sure you do so with the landlord approval and give him/her the new master key. They may have a preference as to the type of lock and or quality of lock to be used (remmeber it will revert to their cortrol after your lease is complete. Changing the locks could be considered waste on the property (like making holes in the walls), and you could be forced to change the locks again if they are not considered good enough by the landlord.



Do not throw his things on to the street. It makes you look vengeful to the court. Hold his stuff until he picks it up. If you need to rent a storage space (often you can get the first month quite cheap) and charge him for it to retrieve his things. If you need to have law enforcement involved. Always remember, you have the legal right to be in the apartment, your B/F is simply your guest that has over stayed his welcome. Do not be vengeful it only makes you look like the villain. Be civil and professional and law enforcement will like you as will the judge if it has to get that far.



I do not know about Michigan in specific, I am going on CA law and my knowledge of how landlord tenant law works through law school, but Michigan may vary. You may have a city or county agency that aids people with landlord tenant issues. Look them up in your local area. They can give you specific information regarding your particular situation and help you (most likely free) in getting your apartment back.



Just remember that making these changes to your living relationship will likely spill over in to your everyday life. Most people do not like being evicted from where they live. Be prepared for some uncomfortable times with you B/F. Most people don't take this well, especially when romance in involved. Start separating your things now. . .
How do I go about getting rid of a %26quot;squatter%26quot;?
Give him a notice to pay rent or quit. Charge him $1000 per month. If he doesn't pay up, get an eviction notice, and have him served. Give him three days.

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have you considered finding another place, and move without him
Have Bible study It's easier to start with the new testament because Christ is so compassionate...This is not an attempt to convert him but an attempt to make him responsible for something. If he doesn't do as you ask or cooperate then you have the ability and authority to evict him by police involvement
if the tenancy is in your name - then you as the head tenant have the right to tell him to leave, you can ask the landlord if you may change the locks then do that and place your partners belgongings outside, if he gets irate phone the police and if he is raising is voice that is sifficient for a charge of assault - as long as you fear an immediate danger from him.
In addition to the above answers, is he paying for anything? What about the food? If he's not working and you buy the food, tell him it's yours and he can't eat it? If he does, call the police and press charges for burglary.