Can My Boyfriend Evict Me From His House? (Find Out Now!)

Jennifer Eggerton
by Jennifer Eggerton

Living together is great until problems arise. You and your boyfriend are not getting along, and now he wants you to leave his house. You have nowhere else to go and can’t afford your own place. Can your boyfriend evict you from his house?

Your boyfriend can evict you from the house he owns. He can’t evict you from a rental property when you are on the lease. Only the landlord can evict you. You have to be given 30 to 60 days to vacate. Your boyfriend cannot change the locks or remove your belongings until there is a court order for the eviction.

It is unfortunate that your boyfriend wants to evict you, but he may be within his rights. Let’s take a closer look at legal residency, domestic relationships, and rental leases.

Legitimate Resident vs. Trespasser

Anyone has the right to remove a trespasser from their property at any time. What a person cannot do is remove someone who is considered a legitimate resident according to the law. Getting mail at the property or being on the lease are two common criteria for determining a legitimate resident.

Therefore, if your boyfriend owns the house, and you receive mail at the address, you are a legitimate resident. If the house is a rental and you are on the lease, you are a legitimate resident.

Why Being a Legitimate Resident Matters

No one can remove a legitimate resident from a property without going through the eviction process. Even if your boyfriend has called the police for problems with you, he cannot evict you. In fact, the police will most likely advise him to evict you if there are ongoing problems.

The only time that you cannot be evicted by a boyfriend or domestic partner is when you are on the lease. In this case, only the landlord can evict tenants. If your boyfriend wants you out, he has to go through the landlord. The landlord has to have good cause to evict you, such as lease violations, damage to the property, and criminal activity. The landlord cannot evict you simply because your boyfriend says you need to go.

What is a Domestic Partnership?

Domestic partnerships deserve some mention here. Under the law, a domestic partnership involves two people who are unmarried and living together. Some states recognize domestic partnerships regardless of gender. Check your local and state laws to find out if you are in a legal domestic partnership with your boyfriend. This could give you some rights when he tries to remove you from his house.

Rights Under a Domestic Partnership

Each state defines rights for domestic partners. Some of the more common rights are medical and life insurance benefits and housing. Even if you are not listed as an owner of the house, you may have some rights to stay in your home. This depends entirely on the situation and why your boyfriend is trying to evict you. If the two of you broke up, this is not a good reason to have you evicted. If there are legal issues, then he may have some rights to evict you.

Can You Evict a Domestic Partner?

It depends. Homeowners can evict legitimate residents, including domestic partners. Tenants, though, cannot evict other tenants under any circumstances. It is up to the landlord to evict a tenant.

Can My Partner Change the Locks on My Home?

A domestic partner cannot change the locks on the home of someone who is considered a legitimate resident. The owner of the property, whether it is your boyfriend or the landlord, needs to go through the eviction process.

Can You Evict Someone Who is Not on the Lease?

This is an interesting situation. Most lease agreements require all residents to be on the lease, even if they are listed as legal occupants. If your boyfriend did not put you on the lease of his rental house, you may still be a legal resident. If you receive mail at the property, this is enough to qualify you as a legal resident. Your boyfriend needs to go through the eviction process to get you to move out.

His landlord, though, may decide to evict him for having an unauthorized roommate. Most landlords want to know who is living in their properties and put everyone through a proper screening process.

Can You Evict Someone Who is Part Owner?

You cannot evict someone who is a part owner of the property. This happens many times when couples divorce. One person tries to evict the other, usually so a new love interest or roommate can move in. The only option in these cases is to sell the property and split the proceeds.

Can You Evict a Tenant If You are Only Part Owner?

Yes. Anyone who owns any portion of the property has the right to evict a tenant. This includes evicting someone who is not on the lease, but is considered a legitimate resident. If the person isn’t a legitimate resident, a part owner can request assistance from law enforcement to remove the individual.

What to Expect When Your Boyfriend Want to Evict You

So, what happens when your boyfriend evicts you from his house? There is a legal process that he needs to follow, so you have some time.

Notice to Evict

The first communication that your boyfriend needs to provide is a notice to evict. This needs to be in writing. The letter needs to state how long you have to vacate. It should be 30 to 60 days.

Petition the Court

Next, your boyfriend needs to file a petition with the court to have you evicted. Your boyfriend needs to show cause. This includes any documentation that supports his claims. You have the right to be present during the court proceeding. You may also have the right to present your case and even file a countersuit.

If the judge believes that your boyfriend has not made a good case, the notice to evict may be thrown out. If judge decides in your boyfriend’s favor, the notice to evict stands.

Court Order

A court order is signed and filed by the judge stating that you are required to vacate the property. You have to vacate within the time period stated in the notice to evict. If you don’t leave, your boyfriend can have you removed by law enforcement.

Other Steps

Once you are ordered to vacate the premises, your boyfriend has the right to take other steps. Your boyfriend ahs the right to change the locks. Any of your mail that is delivered to the residence can be returned to the sender. Your boyfriend is not obligated to ensure that you receive the mail.

As for your belongings, your boyfriend has to make a reasonable effort to get your belongings to you. He doesn’t have to keep them forever, though. In most jurisdictions, evicted tenants have 7 to 10 days to retrieve their belongings after an eviction. Your boyfriend has the right to dispose of anything that is obviously trash. He then needs to inventory the remaining items. He has the right to take photos, but he cannot open anything that is locked. Your items can be stored on the property or in a storage unit. State laws dictate if the items need to stay on the property initially for a period of time.

If you don’t retrieve your items within the time period, your boyfriend has the right to dispose of them. He may also have the right to charge you for disposal and storage fees.

Evictions and Your Rental History

When you are evicted from a property, even if it’s your boyfriend’s house, it becomes part of your rental history. Future landlords refer to this record to determine if you are a good tenant. Therefore, being evicted by your boyfriend has both short- and long-term implications. As such, it is best to try to come up with an amicable agreement with your boyfriend. Work together so that you can move out without being evicted.

Related Questions

Is there a way to stop an eviction?

If you are being evicted for not paying rent, you can pay the back rent any time before law enforcement arrives to change the locks. This includes any late fees and other charges from your landlord. If you are being evicted for damage to the property, your landlord may accept payment for the repairs. Evictions for other lease violations, such as criminal activity, are more difficult to stop.

Can my boyfriend remove me from the lease?

Your boyfriend can only have you removed from the lease if you commit a crime. This requires that the landlord do a lease addendum that specifically excludes you from living on the property. If the landlord doesn’t want to remove you from the lease, your boyfriend cannot make you move out. You have the right to live on the property for the entire term of the lease.


Living arrangements between two people who are not co-owners of a property can get sticky. When troubles arise and the relationship becomes unhealthy, it is best for both parties to go their separate ways. Unfortunately, this is not always possible. You may not be able to afford a new place, or you may be listed on the lease.

Whatever the situation, it is best to practice patient persistence with the process. If your boyfriend has you evicted through the courts, use the time to get settled into a new place.

Jennifer Eggerton
Jennifer Eggerton

Jennifer L. Eggerton loves being hands-on, whether it's with a home DIY project, making repairs, re-decorating a room, or keeping life organized. She enjoys helping people by sharing her knowledge, insights, and experiences, as well as her lessons learned. In addition to her work as a writer, Jennifer is a Jeep® overlander, self-published author, and nature photographer who loves being outdoors.

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