dilidali said:
A friend of mine has a boyfriend/live-in who has mooched off of her for 4 years. She owns her own home. He is now jailed for approximately 180 days. All his worldy belongings are still in her home. And she wants him OUT. Should she formally go through an eviction? Or is there perhaps another option to get him out of her home. Nothing is in his name. Any practical advice would be greatly appreciated. Bright blessings to you all.
Akron, Ohio
My response:
She doesn't have to go through eviction procedures. It makes no difference whether he's in jail, or he went to Europe. The fact remains that he is no longer there, and for whatever reason, has abandoned the domicile. The reason why he's no longer there is beside the point, and not her concern. The fact is, he's not there, and therefore, there's nothing to evict.
Therefore, all she needs to do is send him formal, certified mail, notice of his abandonment and his rights to make arrangements to take custody of those items within 30 days. If he fails to make such arrangements, she is free to do whatever she likes with the property. Again, if he's in jail or in Europe, it makes no difference. Her only obligation is to give Notice of Abandonment and his right to cure the situation; e.g., make arrangements for pick up. If he doesn't, oh well.
IAAL
