QUESTION
Is it right that I cannot tell him to leave since he’s been staying with me for more than 30 days?
Asked on Dec 19th, 2012 on Personal Injury - New Jersey
More details to this question:
I own my own home and I've been dating this guy off and on for about two years. We recently got back together and he has been staying with me without paying any of my mortgage or utilities. He recently started physically abusing me. I called the cops.
11 ANSWERS
Ronald A. Steinberg
This is a classic reason of why you should not let anyone into your private space without benefit of matrimony. File eviction proceedings to get him out. In Michigan, there is a "10 day notice to quit for non-payment of rent." If he does not move voluntarily, you can have a court officer toss his stuff out on the front lawn. Then, change the locks. Get a permit to buy a gun and learn how to use it. If he forces his way in, then use the gun.
Answered on Dec 24th, 2012 at 12:51 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You have very right to evict him, and for your own protection you should certainly get him out as soon as possible. You can seek a Temporary Restraining Order through the Family Court in your county's Courthouse. You will need to swear out a statement showing that he has lived with you, and exactly what he did to make you fear for your safety. You can also bring an eviction action in Small Claims Court, but you should be extra careful for your personal security, since he will get notice and could very well repeat his abus. Good Luck. Don't put it off.
Answered on Dec 21st, 2012 at 1:09 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Tell the bum/bully to leave. If he does not have him arrested for trespass. The fact that you might have bedded down with him gives him no rights to do anything or be anywhere. Get rid of him before it gets worse.
Answered on Dec 20th, 2012 at 2:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, that is not right. You can kick him out, and you should. Press charges and get a protective order.Break off all contact with him, accept no apologies or attempts to get back together. You do not deserve to be abused and he does not deserve to be supported by you.
Answered on Dec 20th, 2012 at 2:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If he were just staying in your house for more than 20 days, you would have to go to court to evict him. However, if he was arrested for domestic violence, there should have been a no-contact order put in place that would prevent him from coming near you. If there wasn't, then you need to go to court to get a protective order. That should prevent him from coming back into your house.
Answered on Dec 20th, 2012 at 12:34 PM
You may initiate eviction proceedings in a small claims court, but first give him a written notice to leave your residence within a short stated period of time (30 days). You may want to consult with or retain a lawyer who handles landlord/tenant matters to assist you.
Answered on Dec 20th, 2012 at 12:34 PM
Thomas Edward Gates
You can call the police about the abuse. By getting a protective order, he would not be permitted near the house. Otherwise, you would need to do an unlawful detainer action to remove him.
Answered on Dec 20th, 2012 at 12:34 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Normally, when someone comes on your property without permission, or refuses to leave when asked to leave, it is trespassing and police will arrest the person. However, when the person has been residing there, the police often will not arrest the person, but require the owner to evict the person. I suppose the idea is that a person deserves some degree of due process before he/she is forcibly put out of his/her residence. An eviction is not difficult to do through a magistrate. Normally, if domestic violence occurs, if the police arrest the individual, a condition of bond is that he/she stay away from you and not come to your home. If the police do not charge him, you could seek an order of protection through Family Court or a Magistrate. If you do get an order of protection, you may still want to bring an eviction action so that there is no doubt that he has no right to be there even after the Order of Protection expires.
Answered on Dec 20th, 2012 at 12:33 PM
Steven D. Dunnings
Get a Personal Protection Order.
Answered on Dec 20th, 2012 at 12:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, it sounds like he has no or minimal right to stay and no one is allowed to physically abuse my clients.
Answered on Dec 20th, 2012 at 12:32 PM
Gary Moore
If you have a domestic violence restrainin order he has to leave.
Answered on Dec 20th, 2012 at 12:32 PM