What are my options to evict my ex-boyfriend from my home?

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What are my options to evict my ex-boyfriend from my home?

I asked my boyfriend to vacate my house 2 months ago. He still refuses to leave. Can I change the locks? What are my options?

Asked on September 7, 2011 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You say it is "your home." If it is your home, you can get him out, but you have to do it through the court system--you can't just change the locks yourself:

1) If he's not paying rent and is just a guest, he can only stay as long as he has your permission. You can revoke that permission then go to court to evict him if he doesn't leave.

2) If he's paying rent (including possibly paying utilities, towards mortgage, etc.) but there is no lease, he's a month to month tenant and you can give him 30 days notice terminating his tenancy, then evict him if he doesn't go.

3) If he has a written lease, you can only evict him if violates the lease, doesn't pay rent, or at the end of the lease term.

You should get a lawyer to help you--not only can the lawyer navigate the legal requirements better than you, but you may want a not-emotionally involved 3rd party to take the lead on this.


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