I want my ex-fiance to move out, what can I do?

UPDATED: Aug 1, 2011

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I want my ex-fiance to move out, what can I do?

I own the home; all utilities are in my name. He pays me cash week-by-week for living expenses. Do I have to give him notice? Can I pack up his stuff and place it in storage? Can I change the locks?

Asked on August 1, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Is your former fiance' a tenant of your home or a guest?

If he is a tenant, is there a written agreement signed by both of you concerning your home. If so, read the agreement carefully in that its terms control the obligations owed by you to him and vice versa.

If he is a tenant and there is no written lease agreement between you two as to terms of the lease, you should serve him with a 30 day notice to vacate as a matter of course.

If he is a guest of yours just paying you weekly for living expenses, you really do not need to give him a 30 day notice to vacate, but one would be a good idea for future problems that you might have with him in not voluntarily leaving.

If he does not leave in 30 days, an unlawful detainer action against him if a tenant is in order. Changing the locks at this stage is probably not a wise plan if the situation is amicable. I would request that he pack his belongings and start moving them to storage. You do not want to have a situation where he could come back and make claims against you.


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