How do you get an ex to move?

[kel4377]

What is the name of your state (only U.S. law)? NY
Not sure which forum I should've posted this question, so I'll try here. How do you get an ex to move out of your home? Can the locks just be changed? I have a friend that has been trying to get his ex to leave his home and she refuses. Does he have the right to just change the locks? It's his home, his name on the mortgage, she's just living there with him. When he goes home he has to listen to her harass him, question him, hide his keys so he can't leave and he's asked her for the last couple months to move out. What can he do? Oh, and it's just a girlfriend, they're not married.

 

[acmb05]

What is the name of your state (only U.S. law)? NY
Not sure which forum I should've posted this question, so I'll try here. How do you get an ex to move out of your home? Can the locks just be changed? I have a friend that has been trying to get his ex to leave his home and she refuses. Does he have the right to just change the locks? It's his home, his name on the mortgage, she's just living there with him. When he goes home he has to listen to her harass him, question him, hide his keys so he can't leave and he's asked her for the last couple months to move out. What can he do? Oh, and it's just a girlfriend, they're not married.

Serve notice to quit tenancy and then evict through the courts.

 

[kel4377]

Ok, he did send her a letter, with delivery confirmation, so we know it was delivered, although she said she never received anything. So, he can't just change the locks and keep her out then? He has to wait a whole month to see if she actually moves out from the letter and then take it to court to get her physically evicted?

 

[acmb05]

Ok, he did send her a letter, with delivery confirmation, so we know it was delivered, although she said she never received anything. So, he can't just change the locks and keep her out then? He has to wait a whole month to see if she actually moves out from the letter and then take it to court to get her physically evicted?

Yep**************...

 

[kel4377]

And not to sound totally clueless, but can I ask WHY if a home is totally yours, why can't you just change your locks to get someone to leave?

 

[LeeHarveyBlotto]

And not to sound totally clueless, but can I ask WHY if a home is totally yours, why can't you just change your locks to get someone to leave?

Because tenants have rights.

 

[acmb05]

And not to sound totally clueless, but can I ask WHY if a home is totally yours, why can't you just change your locks to get someone to leave?

Because his girlfriend is by law a month to month renter and as such he is bound by the LL/T laws of your state.

 

[acmb05]

And not to sound totally clueless, but can I ask WHY if a home is totally yours, why can't you just change your locks to get someone to leave?

If you were renting a house and came home from work one day to find your locks changed and no access to your stuff would you think it was ok?

 

[kel4377]

If I was told time and time over to move out, and I'm not paying anything to live there, then yes, I would think it was ok.

 

[acmb05]

If I was told time and time over to move out, and I'm not paying anything to live there, then yes, I would think it was ok.

And you would be wrong.

 

[Alaska landlord]

What is the name of your state (only U.S. law)? NY
Not sure which forum I should've posted this question, so I'll try here. How do you get an ex to move out of your home? Can the locks just be changed? I have a friend that has been trying to get his ex to leave his home and she refuses. Does he have the right to just change the locks? It's his home, his name on the mortgage, she's just living there with him. When he goes home he has to listen to her harass him, question him, hide his keys so he can't leave and he's asked her for the last couple months to move out. What can he do? Oh, and it's just a girlfriend, they're not married.

Butt out! this is not your business. She is there because he wants her there. You on the other hand are a distraction and possibly the problem.

 

[kel4377]

When a friend asks for help, yes, it is my business. And no, I am not the problem, I am a friend. She is NOT there because he wants her there, if he did he wouldn't have asked her to move out and given her the letter to move. She is there because she won't get the hint it's over and have a little self pride and just move out.

 

[ecmst12]

Because you didn't seem to get it the first time:
1. Yes she is a tenant.
2. Yes he must give the 30 days written notice (or whatever your state requires)
3. Yes he must give her until the notice expires to move.
4. IF she is still there after the notice expires, then Yes, he must take her to court.
5. No, he can't change the locks until a judge tells him it's ok.

 

[Alaska landlord]

When a friend asks for help, yes, it is my business. And no, I am not the problem, I am a friend. She is NOT there because he wants her there, if he did he wouldn't have asked her to move out and given her the letter to move. She is there because she won't get the hint it's over and have a little self pride and just move out.

So, when will you be moving in?

 

[applecruncher]

When a friend asks for help, yes, it is my business.

Only if you choose to make it your business. Your "friend" should not have asked you for help unless you're a landlord/tenant expert or an attorney, which I doubt.) How are YOU supposed to "help"? You should have told him to call the courthouse and ask eviction procedure. Sounds like you enjoy being in other people's drama. Good luch when he decides to take her back.

OR

YOU are the guy, you tired of your-ex, and you come here posing with the ole' "I'm just trying to help a friend - I'm a good person" routine. By the way if you change the locks she's justified in calling the police on you.

So, when will you be moving in?

HA!