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Remove Ex Boyfriend from house!!

Discussion in 'Roomate & Joint Leases' started by lmueller, Oct 26, 2018.

  1. lmueller

    lmueller Law Topic Starter New Member

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    My Daughter has two children with her boyfriend. They are not married. They have mostly lived together over the last 10 years. Recently she asked him to leave due to his drinking and temper. He also cheated on her. He took his personal effects and left for several months. He came back about 3 weeks ago and has been living there again. All of his belongings with the exception of clothes are in a shed or in the garage.He is not on the lease, not on any utilities regarding the house. Everything is paid for by my daughter and everything is in her name. Two nights ago he was drinking and accused her of cheating and started a fight. He wouldn't leave so she took the kids and stayed with a friend. When she came home the next day he had slashed her brand new mattress all the way down the middle, smashed a kitchen table her Dad hand made for her and threw it at the curb, smashed photos of her leaving glass everywhere, smashed the coffee maker, put holes in the walls, etc. The cops were called and said to either move or file a protective order. We helped her clean everything up and took all of his belongings out of the house & garage and put them in the shed in back. He was told not to come back and the locks were changed AGAIN. He came back that night and started banging on the door and yelling. The cops were called AGAIN and they said he lives there, he can stay there. He refused to leave so the kids were taken again to stay elsewhere. My question is.... what can she do to get him out? Eviction? Not on lease but will that work? Protective order? Thanks! Also, if he isn't on the lease or anything and doesn't have possessions in the home does he Really live there?
     
  2. mightymoose

    mightymoose Moderator

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    The police already told you to obtain a restraining order. If she obtains a restraining order the police will use that as the tool to remove him from the property.
    Removing his belongings and locking him out is actually something that can get you into trouble for an unlawful eviction.

    Get the restraining order and begin an eviction immediately.
    She screwed up when she allowed him back in the house after 7 months. Get him out and again and do not allow him back in the home for any reason ever again.
     
    hrforme likes this.
  3. army judge

    army judge Super Moderator

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    it might be easier and safer for her and the kids to get out.

    She should contact any women's emergency shelter or a battered women's shelter or counselor who can assist her in getting the protective orders and other assistance she needs.

    She needs counseling to help her NOT to become involved with brutes, batterers, bullies, and bruisers.
     

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