Lafayette, LA asked in Contracts, Landlord - Tenant and Small Claims for Louisiana

Q: How do i go about getting my exboyfriend out of my home? I rented my home way before he came into the picture.

He only paid 1 month of half the rent and utilities and he has stayed in my house for 3 1/2 months. He broke up with me and i told him he had a month to get a new place. Now he is telling me he won't leave till he finds a place. Mind you he broke up with me in the beginning of November, and it is now almost the end of December. He is also inviting people into my house without permission(his new girlfriend). What can i do to get him out? I am trying to get a new roommate that is ready to move into my house in by the end of the month and i am tired of walking on eggshells in my own home. he pays for nothing. I also did tell him via facebook message he needed to be out by the 1st. Please, any help will be appreciated. i need him out of my house and life.

1 Lawyer Answer

A: If he is not on the lease, then he does not have a right to be there. However, without the Lessor cooperating, it may be difficult to force him to leave, as the landlord is the one with ownership rights and can force an eviction. So, check to see if the lease shows him as tenant also and if the Lessor will cooperate. Also, if he is staying without paying rent, then you have a claim for unjust enrichment. See if you can get him to move by threatening an unjust enrichment claim for all months without payment in small claims court, may get him moving faster and you may be able to try that route with small claims court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.