Summary
The user, Lisa, is seeking advice on how to evict her deceased mothers boyfriend from a property that is co-owned by Lisa and her mother. In Kansas, without a lease agreement, a written notice to vacate is required. If the occupant refuses to leave, an eviction lawsuit may be necessary. Self-help evictions are illegal. For a month-to-month tenancy, a 30-day written notice to vacate is required. As a co-owner, Lisa cannot be legally locked out of the property. If the occupant has caused physical damage to the property, legal action for property damage may be possible.Full Conversation
My mother's passed away Sunday her house is in both our names how to get her boyfriend out
I'm sorry for your loss, Lisa. Is there a lease or any agreement that allows your mother's boyfriend to live in the house?
No
I'm sorry for your situation, Lisa. Have you tried asking him to leave voluntarily?
I wanted to be prepared if my right before hand
What state is the property located in? This will help me provide you with the most accurate information.
Kansas
In Kansas, if there's no lease agreement, you may have to provide a written notice to vacate. If he refuses, you may need to file an eviction lawsuit.
- Kansas Statutes Section *-*
Is there anything else I can help with?
Like back in May my mother told him he needed toto get out but he never did
If he was asked to leave in May and didn't, you may proceed with the eviction process. Remember, self-help evictions are illegal.
- Kansas Statutes Section *-*
Anything else I can assist with?
How many days do I have to give him
In Kansas, you must provide a *-day written notice to vacate for a month-to-month tenancy.
- Kansas Statutes Section *-*
Is there anything else I can assist you with?
Is he able to lock me out
Are you currently living in the property as well?
In general, if you're a co-owner, he cannot legally lock you out.
- Kansas Statutes Section *-*
Is there anything else I can assist you with?
Yes/no weekends I stayed there with my mother before she passed
Are you planning to continue living in the property after the eviction process?
I didn't receive last part page messed up
I'm sorry to hear that. Can you please tell me which part you didn't receive so I can provide you with the information again?
Last thing I said was yes/no stayed on weekend while Mom was alive
Can you please clarify if your mother's boyfriend was living in the house full-time or only on weekends while your mother was alive?
He stayed outside
Did he have any legal agreement or permission to stay on the property?
No n he didn't pay any type of bills
Did your mother leave a will specifying who inherits the property?
No the house is in hers and my name
What state is the property located in? This will help me provide you with the most accurate information regarding property rights and eviction processes.
How can someone inherit a property that's has me as one of the owners
Did your mother leave a will or any legal document stating her intentions for the property after her passing?
The house is in my mother's name and it's in my name no she didn't have a will
Did your mother's boyfriend contribute financially to the property or have any agreement with your mother about living there?
No he never had a job that I know all he done is tear it up
Did he cause any physical damage to the property? If so, you may be able to take legal action for property damage.
TRY ME!
Start a new chat