Living with a boyfriend or girlfriend is a convenient way to save on rent and spend more time with that person. However, there may come a time when you need to evict your roommate for various reasons. Your boyfriend may not pay his share of the rent or otherwise breach the lease that you have with your landlord. If you want him to move out but he won't comply, according to Pennsylvania law, you must have your landlord conduct formal eviction proceedings against your live-in boyfriend. However, if you must get away from your boyfriend because of abuse or some other emergency, call your local police department immediately to report the situation. You can obtain a order of protection, if necessary.
Contact your landlord with a specific complaint as soon as you become aware of the situation. For example, if your boyfriend refuses to pay his share of the rent, your landlord needs to know right away. The landlord might assume that you are choosing to withhold part of the rent, when you, in fact, are not the cause of partial payments.
Check the lease to see if your landlord is required to give your boyfriend an eviction notice. Landlords must provide written eviction notices unless the lease specifically exempts them from notifying tenants of pending evictions. Landlords must still go to court to complete the eviction process.
Determine the amount of time necessary before the eviction can be executed. In Pennsylvania, tenants require 30 days notice for leases that are less than one year. Ninety days notice is required if the lease is for one or more years. Fifteen days notice is required if the tenant is behind in rent and has an oral lease, but only between April 1 and September 1. The notice period for an oral lease is increased to 30 days if it is between September 1 and April 1.
Ensure that the landlord sends your boyfriend a written notice to correct the problem. The landlord cannot file an eviction notice without giving the tenant the chance to fix the problem. Have the landlord personally deliver the letter to your boyfriend. Alternatively, have the landlord post the notice on the dwelling itself. For example, landlords can tape the notice to the apartment door. Mailed notices are not enforceable in court. Do not mail the letter.
Make sure that the landlord fills out and files a formal written complaint. The landlord must file the complaint with the local court. Obtain the complaint form from the local Superior Court court. If you live in Philadelphia County, obtain the form from the Philadelphia Municipal Court. The form includes individual completion instructions. The instructions may differ depending on your court, therefore read the instructions very carefully.
Attend the eviction hearing with your landlord. Your boyfriend will also be required to attend the hearing. The landlord and your boyfriend will tell their sides of the story under oath. You will also tell your side of the story as a witness for the landlord. The judge will decide whether your landlord can evict your boyfriend. If she determines that he can be evicted, she will file an "Order for Possession" against him. Your boyfriend must move out within the time period specified in the order.