How to Evict a Former Partner When a Relationship Ends

When a relationship starts to become serious, moving in together is a big step. You may also find it beneficial to split rent and utilities in half to help each partner financially. When a relationship crumbles, moving out from the same dwelling may seem difficult, especially if both parties signed a lease together. There are special rules and laws a partner must follow to evict a former partner when a relationship ends.

Instructions

Find any clauses in your contract that discuss eviction or the termination of the lease if you signed a lease with your partner. You may have signed a lease on a home that you rent together or drew one up for your partner if you own the home yourself.

Read the contract carefully to determine if there are any special rules concerning evictions or notices to vacate the property. Many leases require a certain amount of notice before evicting a former partner.

Contact the property owner or apartment manager about evicting your former partner if he is on the lease with you. Work with the property owner in finding a solution to remove your partner. If he is not on the lease or you own the property, you will need to draft an eviction notice.

Write a formal eviction notice indicating the reason for the eviction, the current date and an eviction time frame for when she must leave the dwelling. Check your state and local laws to determine the amount of notice you will need to give her before eviction.

Present the eviction notice to your former partner at least 30 days before eviction if your state does not specify a period. Have a witness present when you give the eviction notice to your former partner to ensure proof of delivery.

Contact your county court clerk if your roommate does not leave the property within the proscribed amount of time. Many states require an official legal eviction if the previous partner refuses to leave voluntarily.

Fill out the appropriate paperwork, including the location of the dwelling, any information pertaining to the lease and your previous partner's name. Depending on your situation, you may need to receive a judgment for past due rent or fill out paperwork stating the previous partner just refuses to leave.

File the paperwork and accompanying documents, such as a lease, with the county clerk. Serve the notice of eviction to your previous partner using a witness to prove you served the notice.

Speak with a representative from the fair housing offices within your city or state. She will help to determine the eviction laws specific to your state and may aid you in determining whether you need an attorney throughout the process.

Attend the hearing to speak with the judge and receive an official notice of eviction. Your previous partner will have to vacate the property immediately following the notice of eviction.

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