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Ask Officer Michelle - Abusive Ex Overstays Welcome

by Michelle Lazark, published on December 26, 2010 at 7:49 PM

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Officer Michelle-

I recently allowed my sons’ father to live with me because he was fired from his job (which was also where he lived) because he had no where else to go. After staying with myself and my kids for about two weeks, I asked him to leave because he became disrespectful and borderline abusive.

He completely refuses to leave and now it has been more than two months. He is not on my lease and I am afraid that I will get in trouble with my rental company for having someone at my residence that is not on the lease.

How do I go about getting him removed forcefully? He is at times verbally abusive and belittling to both myself and my children. I do not want my kids exposed to this.

Any legal information about how to get him out would be VERY helpful as he will not leave when I ask him to.

Thanks, Kjksmom

Dear Kjksmom,

Since your ex is becoming abusive with you and the children, you can go downtown to the County Courthouse and file for a restraining order. Once you get this order, serve your ex with it. He will then have to leave and failure to do so will be in violation of the court order. He is then subject to being arrested by law enforcement.

You have a right to have short term guests in your residence that don’t have to be on the lease agreement, however I would notify your landlord of what is transpiring as well. Two months is becoming a time frame where he is establishing a residency in your home especially if he is beginning to receive mail there. Just give your landlord a heads up. If he or she is reasonable, they will understand, especially if you are taking steps to remove him.

Lastly, I would call Women Escaping a Violent Environment (W.E.A.V.E). Their staff is so helpful and knowledgeable. They can guide you through the entire process. Their web address is www.weaveinc.org. The support line is 920-2952. W.E.A.V.E is not only an organization for battered women, it is an organization for empowering women. Give them a call. I hope your situation works out amicably for the sake of you and your children, without having to resort to more drastic measures. Good luck to you.

Officer Michelle
 

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December 27, 2010 | 6:37 PM
"You have a right to have short term guests in your residence that don’t have to be on the lease agreement..."

Most rental agreements I have signed in the past limit house guests to stays of three days or fewer.
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December 29, 2010 | 1:44 PM
Will they give a restraining order just on your say-so? Officer Michelle implies they will, but that cannot be the entire story, else impatient exes without coping skills would be pursuing them like free candy.

This is not a comment on the letter writer, who I think should just call the cops on the home intruder. Is that not also an option?

Also, if a tenant told me her ex had been shacking up off-lease for two months, I would act immediately, and not necessarily on just him.

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