Is it legal for my boyfriend to serve me with eviction papers to move out of his home?

I have lived with my boyfriend in his home for the past several years. We don t have anything as far as paperwork or documents for our living situation as he wanted us to move in. It was a relationship. Things have gone downhill and today he served me at home with this self fabricated Word documents stating I have

I have lived with my boyfriend in his home for the past several years. We don t have anything as far as paperwork or documents for our living situation as he wanted us to move in. It was a relationship. Things have gone downhill and today he served me at home with this self fabricated Word documents stating I have to vacate his home within 30 days. I also noticed he fabricated a Word document for a certificate of service to me on the date he provided me the notice. I also within the last 2 months purchased $2600 worth of new appliances for his home. What ground do I have to stand on? Obviously, I know this is his home and if we aren t together I will leave, but I have a child in school in this small district here and will try to get an apartment ASAP, but can t guarantee something in this small town will open up with 30 days.

Other answer:

Amy:
You've got more than one issue going on. If it's his house- your name doesn't appear on the title- then he can evict you. Gotta assume you never had a lease agreement- you just moved in. So as far as the house goes, he appears to be within his rights to evict you.

But rather than a real estate question, you have a family law question. Run, do not walk, to a family law attorney and get some legal advice. As noted above, this probably wasn't a surprise to you, but you've been living together long enough that family law may apply.

If the money you spent on appliances concerns you, a lawyer will help you. Some appliances, if they become "fixed" to the house become part of the house; some are not "fixed." (When someone sells or buys a house, it's common that the seller and buyer agree to what stays, and the purchase contract so stipulates- "Drapes to go with seller, stove and fridge to remain," etc.) This varies a bit by jurisdiction.

Best bet – see a family court attorney. Most will give you some time for free or for a very modest fee. After the meeting, you'll know a) what the attorney will cost you and b) what your local situation is like. Maybe you have "palimony" coming. Maybe you can get child care, too, though it's not clear if this guy is your child's dad. Family court can work with you or against you. Best of luck!!

D R:
Yes it is legal.

If he is at the point to where he filed for eviction you were either blindsided, which I doubt, or you knew there were serious problems between the two of you and you were in denial? If you two are even talking and he is even slightly a decent person, you should talk to him and ask him for more time and explain why.

Where you paying rent or contributing financially to the bills/house… over the last couple of years? If not then I would consider those 2600.00 worth of appliances as a payment. If you have been contributing financially, then I would tell him that you want to be reimbursed for those items and put something in writing and have him sign and I hope to god you have the receipts. You can take him to small claims court if he doesn't pay you.

Unfortunately for you, where your kid goes to school isn't really his concern. If he isn't a jerk him might work with you.

I'd get yourself a PO box address and start forwarding all your mail there while you are still living with him.

Hunter:
Your former boy friend now want you out of the home.All the excuses you are using about your child being in school and your attempt at moving and getting a rental unit would not change this fact. You would need to accept this fact and prepare to move on to the next chapter of your life with your child.Apparently your boyfriend has learned the steps of evicting a person. He has given you a 30 day written notice to be out of the house.

You would need to find a place for you and your child prior to the 30 days.

The next step in the eviction procedure would be for your former boyfriend to go to court and file for a legal eviction signed by a judge.

loanmasterone:
Apparently your relationship did not go as planned.

Your former boy friend now want you out of the home.All the excuses you are using about your child being in school and your attempt at moving and getting a rental unit would not change this fact.

You would need to accept this fact and prepare to move on to the next chapter of your life with your child.

Apparently your boyfriend has learned the steps of evicting a person. He has given you a 30 day written notice to be out of the house.

You would need to find a place for you and your child prior to the 30 days.

The next step in the eviction procedure would be for your former boyfriend to go to court and file for a legal eviction signed by a judge.

If you allow this to reach the stage of a legal eviction signed by a judge, you would be physically removed from the house. A local law enforcement agent would come to the house and you would be required to remove all your personal items from the house.

You do not want to go through or have your child go through the embarrassment of having to remove your persona items from the house and placing them on the curb.

This legal conviction would also appear on your credit and background check.

I hope this has been of some benefit to you, good luck.

"FIGHT ON"

dog ma:
Yes, of course. How else would he give you legal notice to move? You don't get to just stay there, and it sounds like he is doing everything correctly. The appliances are a separate issue. You need to find another place to live and be out within the 30 days. See if he will reimburse you for the appliances so you have some funds to get into an apartment. Your child and his or her schooling is also a separate issue, and has nothing to do with your requirement to move out.
randy394:
The laws can vary from localities, but, generally, he could. Even without a formal lease, an oral lease agreement is accepted in most jurisdictions. Making payments, of any kind, to the house could be seen as consideration.

Also, in many jurisdictions, evictions notices don't have to be filed through the courts or any official means. A court subpoena does, but that usually only comes if a tenant refuses to vacate.

Giada:
of course it is
you obviously have not paid rent the entire time you have lived there, you don't even mention that you shared expenses while you lived there and you have another body that is not related to him, your child
it is his home, you have no lease, you have not paid rent, you have been a long term guest and yeah he can ask you to leave, it he chose to write some kind of notice to you, he only needed to tell you to pack up and leave asap(he gave you 30 days, which he didn't have to do)
as for your investment in new appliances you could probably sue for the cost if you have the receipts but since you lived there all these years without paying rent, this is some means of contributing to the household you enjoyed all this time
Laura:
of course it is
you obviously have not paid rent the entire time you have lived there, you don't even mention that you shared expenses while you lived there and you have another body that is not related to him, your child
it is his home, you have no lease, you have not paid rent, you have been a long term guest and yeah he can ask you to leave, it he chose to write some kind of notice to you, he only needed to tell you to pack up and leave asap(he gave you 30 days, which he didn't have to do)
as for your investment in new appliances you could probably sue for the cost if you have the receipts but since you lived there all these years without paying rent, this is some means of contributing to the household you enjoyed all this time
Latasha:
of course it is
you obviously have not paid rent the entire time you have lived there, you don't even mention that you shared expenses while you lived there and you have another body that is not related to him, your child
it is his home, you have no lease, you have not paid rent, you have been a long term guest and yeah he can ask you to leave, it he chose to write some kind of notice to you, he only needed to tell you to pack up and leave asap(he gave you 30 days, which he didn't have to do)
as for your investment in new appliances you could probably sue for the cost if you have the receipts but since you lived there all these years without paying rent, this is some means of contributing to the household you enjoyed all this time
#1Mutt:
Why do you have to be evicted? Screw legal, if anyone wanted me out of their home I'd leave. Are you broke or just another future homeless person? Go get your own house. You aren't married, divorce would have cost more than an apartment to rent.
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