I'm Moving Out - He's Not on the Lease?

by **curran** » Mon Mar 05, 2012 3:31 pm

My boyfriend moved in with me in August 2011. I live in a rental house and i'm the only one on the lease. We've grown apart and I'm ready to end our relationship. I have asked him to leave several times but he's refused. I've found another house and have given my 30-day notice to my landlord. What do I need to do about the boyfriend. Do I move everything and then he comes home to an empty house (this is actually my current plan)? I really don't want to tell him I'm moving because I think he will try to damage or take my stuff. Does he have any legal rights as an occupant in this house? How do I protect my rights and my personal property. He's very devious and I don't really trust he will handle this well. I need advice.

by **shen86** » Mon Mar 05, 2012 3:31 pm

My boyfriend moved in with me in August 2011. I live in a rental house and i'm the only one on the lease. We've grown apart and I'm ready to end our relationship. I have asked him to leave several times but he's refused. I've found another house and have given my 30-day notice to my landlord. What do I need to do about the boyfriend. Do I move everything and then he comes home to an empty house (this is actually my current plan)? I really don't want to tell him I'm moving because I think he will try to damage or take my stuff. Does he have any legal rights as an occupant in this house? How do I protect my rights and my personal property. He's very devious and I don't really trust he will handle this well. I need advice.

by **calvert** » Mon Mar 05, 2012 3:34 pm

My boyfriend moved in with me in August 2011. I live in a rental house and i'm the only one on the lease. We've grown apart and I'm ready to end our relationship. I have asked him to leave several times but he's refused. I've found another house and have given my 30-day notice to my landlord. What do I need to do about the boyfriend. Do I move everything and then he comes home to an empty house (this is actually my current plan)? I really don't want to tell him I'm moving because I think he will try to damage or take my stuff. Does he have any legal rights as an occupant in this house? How do I protect my rights and my personal property. He's very devious and I don't really trust he will handle this well. I need advice.

Why don't you change the locks and chuck out his stuff right now?
You will be pushing it to move within a working day.
He has no legal residence.

by **beacher** » Mon Mar 05, 2012 3:36 pm

You seem to have most things under control all ready. If you've given your 30-day notice, the rental obligation between you and your landlord is done. If you take your stuff and leave his, I don't think you'll be on any legal hook.

It'll be pretty tough to take a whole houseful of stuff out in one day, but if you can do it, you'll be all right. Might be best to get a few friends to help you pack up and leave, especially if you're concerned for your personal safety. Getting the landlord to sign off on the deposit is another matter, too. Will the landlord agree that the place is fine, with all his stuff still there?

If you're worried about him, you may consider a restraining order, too.

Does he have any legal rights as an occupant? Probably not, since he hasn't signed a lease. If the landlord wants him as a tenant, that'll be between the landlord and him.

It seems a good idea for you to consult an attorney to confirm that your plan will be all right. A simple consultation might not be too expensive, and would give you peace of mind that opinions here on Y!A would allay. You're not getting profesional advice here, merely guesses. To be safe, you should confirm things with a professional. ... Best of luck!!

by **zacchaeus21** » Mon Mar 05, 2012 3:43 pm

You need to give him WRITTEN 30 day notice to vacate. He currently is a 100% legal resident of the unit. The LL will then evict him (or possibly both of you) if/when he doesn't leave. You may end up owing rent for another month, since the unit is not vacant and returned to the LL until ALL tenants are out.

by **matyas** » Mon Mar 05, 2012 3:50 pm

He is there legally.
Landlord/.tenant laws apply to him too.

Here is the problem. If he remains..then the landlord cannot get possession. On April 1st, if the unit isn't empty..the landlord will have to go to court and file a petition for possession...it is called 'hold-over'.

The court papers will be written with your name "...and other occupants".

You will be evicted.

Yes, I know..you are not there any more... but the landlord has to follow this process to regain possession.

You should never allow someone to live without you and not be on the lease. He can really mess up your rental history now..and get off scott-free. YOUR name will be on the eviction..not his.

Talk to your landlord. Give you ex-bf written notice (keep a copy). This is a mess..and bf is holding all the cards...just hope he doesn't know it.

by **ezri** » Mon Mar 05, 2012 4:00 pm

All the onus is on you. If the boyfriend doesn't leave when you do you will be held responsible for all costs in having him removed from the suite so that the landlord can get possession. This will included eviction, costs in over holding, cleaning, court costs, costs for having a sheriff or bailiff remove him after a Writ of Possession is obtained by the landlord and of course any damages he may do to the suite. You are the lease holder which makes you solely responsible. In order to regain any costs you paid you would have to sue the boyfriend however a court may or may not come to a judgement in your favour because you brought this upon yourself by breaking the law under the Residential Tenancy Act. You took the law into your own hands by allowing him to move in with you. When people take the law into their own hands it usually ends up costing them money. The courts might imply the tenancy regarding the boyfriend however the landlord should not be out any money because of your mistake. It could go either way.

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