Although choosing to end a relationship is generally a sad occasion, it can become messy and problematic when cohabitation is involved, especially if the person refuses to leave. The options available to you to make the person vacate depend on your state's laws concerning domestic partnership as well as tenant laws. Formal eviction involving your local court system is often required, as many states recognise common law partnerships. This means that the person has the legal right to live there if the domestic partnership has existed for a certain number of years in the same residence.
Review the main areas of your state's domestic partnership and landlord tenant laws prior to notifying your partner of the eviction. If the person's name is on the lease/deed, he or she cannot be evicted, and many states do not have domestic partnership laws. Those that do often require you to have previously filed paperwork to legally establish a domestic partnership. Only when such paperwork has been filed can you get the benefits from laws concerning dissolution of such a partnership.
Mail or hand your cohabiter a certified or registered letter stating notice of eviction and the date that the person must vacate by. This can vary depending on your state's laws.
File an eviction with your local court administration if the person refuses to leave, which includes filling out paperwork and paying the appropriate fees, which are usually about £65. State any damages or rent due in your paperwork. If rent/damages are proven in court, a judge can bring about monetary judgments against the person in addition to the eviction. You will be given a receipt by the court clerk following your filing, which will include your case number and court date.
Once your paperwork is filed, your partner will be served with papers that he or she must go to court regarding their eviction. If he/she does not appear in court, eviction is automatic.
File a writ of possession if your partner does not leave following the eviction ruling. This means that your county's sheriff will come to physically remove the person if necessary. Filing a writ of possession also requires a fee.
If the residence in question is one that you own, there are a number of factors considered by the court in awarding home possession. These include (but are not limited to) when the home was purchased, the parties' financial abilities to pay outstanding notes on the home and how much you contributed toward the purchase of the home.
Tips and warnings
- If the residence in question is one that you own, there are a number of factors considered by the court in awarding home possession. These include (but are not limited to) when the home was purchased, the parties' financial abilities to pay outstanding notes on the home and how much you contributed toward the purchase of the home.