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The other man is our tenant, need legal advise

199K views 643 replies 107 participants last post by  GROUNDPOUNDER  
#1 ·
Hello all, I'm in a dire need for help. My situation is too embarassing for me to be able to talk to anyone and I feel I'm losing my mind !
My wife and I have been married for 6 years. We are both in our early 30's. Dated for a year and a half before getting married. We have a 5 year old son.
Our marriage has had its upside downs, but I thought it was a good marriage. Wife and I are bying a three bedrooms apartment and paying mortgage.
One of the bedroom is occupied by our son, one is ours, and we decided to rent the third to help us a little bit with the mortgage.

We found a single man, steadily employed, in his late 20's, non-smoker, with great credit, who just met all our requirements of a room mate.
He was on time with rent, always quiet, always respectful..no problems or so I thought for 5 months.
Last night I woke up at night to use the bathroom and found my wife's place empty. I assumed she was in the bathroom, so I waited for her to come back
so I can get in. After about ten minutes I decided to go knock at the door, only to find the door open and no one in the bathroom. The house all dark
and quiet. I used the restroom and turned on the lights on the hallway. There was her purse, her coat, her shoes at the door...so she was inside the house.
A cold sweat covered my forehead. I could feel my knees shaking. I sat on the bedside, quiet, in the darkness.
About half an hour later, the tenant's bedroom door opened very slowly and I saw a slim shadow on the wall. On tiptoes and only in underwear, with her t-shirt
in her hand, my wife was trying to sneak back in our marital bed.
I turned on the lights and exploded. The expression on her face, the disbelief, the guilt, I shall never forget. She had no choice than to admit.
She was having an affair with the tenant from the first weeks he moved in. She claims she is unfulfilled sexually and emotionally with me, and he
makes her feel like a woman.
She refuses to kick him out. Even at my threats to divorce. The guy has a one year lease with us anyway, and is only in the 5th month. I don't know
what my legal rights are, in the circumstances of him having an affair with my wife in my own house. I haven't confronted him yet.
He's taller than me and better built. I'm terrified of coming out defeated and humiliated in front of my wife in a physical confrontation with him.
Couldn't function all day. Took off from work. Sent my son to my sister's house for my nephew's pijama party. I can use these hours alone to think
what to do until my wife and her lover boy come home from work later tonight.
I love my wife and can't believe this is the end. Can't believe she cheated on me for months. Can't believe her vows meant that little!
I want to cry here.
 
#2 ·
He's planning on you getting kicked out. Tell him to get out. Change the locks while he's gone. Put his stuff in garbage bags and set it outside. Just stay home till he leaves.

I can't imagine any police officer or court forcing you to let him stay there.

What has he said.

You let him stay and you are their b!tch.

You let him stay, your wife will see you as nothing.

Let him take you to court.
 
#9 ·
File a restraining order against him. The RO states he must stay away from where you and your wife live. He has been sleeping with your wife and threatened you. Lie if you have to. File a eviction notice while the RO is in effect. At the same time move his stuff into storage and make your wife pay for it. Change the locks. If your cheating wife complains go see a divorce lawyer and have papers drawn up. In the papers state she is a unfit mother and you want custody while the divorce proceeds, Explain on the divorce complaint only a unfit mother would fornicate with a tenant while her husband and baby slept in other room. Explain that it shows a serious lack of judgement and you are concerned for the welfare of your baby. Also demand that she undergo a psychiatric evaluation.
 
#350 ·
File a restraining order against him. The RO states he must stay away from where you and your wife live. He has been sleeping with your wife and threatened you. Lie if you have to.
This is the answer.

But get an attorney to help you draft and file it.

Don't think you can legally remove his things and change the locks but definitely go the way of the restraining order.

As others have said, you need to strike first otherwise you'll probably be on the receiving end.
 
#11 · (Edited)
It is quite simple what you do.

You throw him out.
You throw her out.
You put his crap and her necessities in black garbage bags outside the door.

You change the locks.

And you leave a note on the door that says this:

" Dear Wife and Tenant,

I have decided to clean out all the trash living in this apt. which includes both of you.

You get my lying, cheating wife and I keep the security deposit since you caused irreparable damage.

Good Luck to both of you!"


Then send an email to her entire family what she has done these last 5 months and what you caught her doing last night.

Then sit back and enjoy the fireworks. Sure she will call the cops.

You most likely will have to let her back in.

But if you make the sign big enough in front of your apt. maybe she will at least think twice.

Get tough. It not the size of your muscles but the size of your brain and balls.

Start using both.

HM64
 
#15 ·
. My situation is too embarassing for me to be able to talk to anyone and I feel I'm losing my mind !
I want to cry here.
Sir, you are making a very big mistake by taking this embarrasment .....YOUR OLD LADY ShOULD BE THE ONE EMBARREST AND YOU SHOULD BE EXPOSING THIS TO EVERY ONE!!!!!

Sorry for shouting put exposure is your friend and your embarassment is your enemy and your wifes friend....GET IT!!!
 
#16 ·
Sorry for shouting but newbies like you are not alone. I have been her to damn long to know what works and what doesn't!

Please sir stop being embarassest, this is all on your old lady and this POS tenent....please get his rental application and call every one of his refference and ask them for support for your marriage and that our tenent used them as a refrence for an apartment and now has INFECTING your *family* and you are looking for *support*!!!!!!


Exposure is your friend do not be embarraest be confident and man up to the simple fact that YOU WILL NOT SHARE YOUR WIFE!!!!!!

You can face this and you must with the up must stratagy and planning...pull your sh1t together !!!!!!!!
 
#17 ·
Be very cautious about the two of them making up some story about you and calling the police. Carry a Voice Activated Recorder at all times from now on.

Does the tenant have a copy of the lease? If he cannot produce a copy of the lease he cannot prove he has the right to live in that bedroom. I would never suggest you go in his room and take his copy and burn it along with your copy. But if he cannot show a lease signed by you, he has no legal lease.

I would consult with an attorney yesterday about the restraining order and an eviction.
 
#73 ·
Yes he does have a copy. But I don't know where he keeps it, if he still has it, and like you said I cannot go in his room...I am looking online for Voice activated recorders..found a pen with a recording camera, I'm getting this one...
 
#18 ·
Hello all, I'm in a dire need for help. My situation is too embarassing for me to be able to talk to anyone and I feel I'm losing my mind !
My wife and I have been married for 6 years. We are both in our early 30's. Dated for a year and a half before getting married. We have a 5 year old son.
Our marriage has had its upside downs, but I thought it was a good marriage. Wife and I are bying a three bedrooms apartment and paying mortgage.
One of the bedroom is occupied by our son, one is ours, and we decided to rent the third to help us a little bit with the mortgage.

OMG noooooooooo! Do not rent ot a guy!!!!! That is asking for trouble.

We found a single man, steadily employed, in his late 20's, non-smoker, with great credit, who just met all our requirements of a room mate.
He was on time with rent, always quiet, always respectful..no problems or so I thought for 5 months.
Last night I woke up at night to use the bathroom and found my wife's place empty. I assumed she was in the bathroom, so I waited for her to come back
so I can get in. After about ten minutes I decided to go knock at the door, only to find the door open and no one in the bathroom. The house all dark
and quiet. I used the restroom and turned on the lights on the hallway. There was her purse, her coat, her shoes at the door...so she was inside the house.
A cold sweat covered my forehead. I could feel my knees shaking. I sat on the bedside, quiet, in the darkness.
About half an hour later, the tenant's bedroom door opened very slowly and I saw a slim shadow on the wall. On tiptoes and only in underwear, with her t-shirt
in her hand, my wife was trying to sneak back in our marital bed.
I turned on the lights and exploded. The expression on her face, the disbelief, the guilt, I shall never forget. She had no choice than to admit.
She was having an affair with the tenant from the first weeks he moved in. She claims she is unfulfilled sexually and emotionally with me, and he
makes her feel like a woman.
She refuses to kick him out. Even at my threats to divorce. The guy has a one year lease with us anyway, and is only in the 5th month. I don't know
what my legal rights are, in the circumstances of him having an affair with my wife in my own house. I haven't confronted him yet.
He's taller than me and better built. I'm terrified of coming out defeated and humiliated in front of my wife in a physical confrontation with him.
Couldn't function all day. Took off from work. Sent my son to my sister's house for my nephew's pijama party. I can use these hours alone to think
what to do until my wife and her lover boy come home from work later tonight.
I love my wife and can't believe this is the end. Can't believe she cheated on me for months. Can't believe her vows meant that little!
I want to cry here.
Tie him to the bed and beat him with a baseball bat. Oh wait ... I would do that. No you should not.

Kick him out and lock the doors. Let him take you to court.

And dump her too.
 
#19 ·
do not tie him to the bed. just hit your self with a bat and then throw it to OM and then take a quick pic of him catching the bat, then call the cops.

or

you can expose this affair for what it really is and stop being embarrest of being married to a guestionalable women...

hell you make it seem like your the only guy that married a questionable women.

Sincerly
the guy with the cheating wife
 
#20 ·
Sorry for your terrible situation.There must be some way that you can figure he broke the lease agreement.Also,the fact your 5 year old was around when they were getting cozy....just despicable.Does your wife want to totally screw up her own son as well by keeping him there?
 
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#23 ·
Atloss, this is your home and your wife's. He is a sub tenant. You have a prefect legal right to evict him, with or without your wives permission. She is free to move. That is what a judge will tell her. If it gets a legally edgy by changing the locks and moving his stuff out that is what the RO is about. A judge will order him to stay away. You are making it permanent.
 
#25 ·
In most jurisdictions, you can't evict someone without following a strict process, even if they've stopped paying rent. There's often a "Landlord/Tenant Board" that can advise on the steps required. But it might be something like 30 days notice.

C
 
#24 ·
Wow, what were you thinking renting to another man in your home? I hope your not messing with us and this is a real issue.

What happened to a nice old lady? Seriously you have a problem here. If he has a lease there is not much you can do unless the lease states specifically if he harmed your family in anyway or you the landlord, which I think is true in this case.

You can evict him based on that alone. Take it to eviction, but I would talk to a lawyer.

The next step is to kick the wife to the curb. You don't need a cheater in your life. Fight for custody of your child. Be strong and ignore your emotions. Get rid of your conscience for now until it is all said and done. If you don't win custody pay the child support and stay single and enjoy the single life for a while until you find someone new. Take care of your child and spend every moment you can with him.

Conscience is man's biggest enemy in a time like this!!
 
#26 ·
Along with all the other good advice. Do not allow your wife to move out with your child. She has no legal right to move your child out of the family home.

I agree with the others. Put his stuff in bags and pile it outside. (hopefully it will be stolen before he gets back).

Then call the police, tell him that this guy is a threat and you are afraid that he will start trouble. The police can come to your place and you can file a restraining order through them. You will have to go to the court house later to make it a longer term restraining order. But at least you will be sitting in your home and have the upper hand.

This sob would have to take you to court for evicting him. He's not going to do that.

When his mail comes, write "Not at this Address" and send it back.
 
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#29 ·
Kick the scumbag POS out and your trashy WW with him.

Personally, I would rally some of your closest male relatives and friends to come over when you tell the POS to move...I doubt he'll argue with a major beatdown staring him in the face.

And use this as the first part of totally exposing your traitorous WW to all friends and family. Tell her she should pack her crap and leave too.

Then start divorce proceedings and make sure to tell her if she wants to fight you tooth and nail that you intend to bring up in custody discussions that she was so stupid she carried on the A in the house with her child there.

What if you had been a different kind of person when you caught her like that? Her judgement is so s**t she potentially exposed her own child to what could have become a wildly violent scenario.

I would guess that many situations that have a similar 'catching in the act' do have exactly that type of outcome, like the story someone posted a short time ago about a BH who pistol whipped his own father when he caught him with his WW.

I would make it clear to her you are going to drive this point home when it comes to custody arrangements if she wants to fight what you want out of the divorce proceedings.
 
#31 ·
Do not underestimate the power of having those friends/relatives with you either.

A friend of mine had his WW actually bring her bf over to his house when he was at work. She called him and told him she wanted him out. The POSOM took the phone and talked s**t to him to and warned him not to start anything, but just move on.

My buddy didn't want to get in a physical confrontation in front of his kids, but there was no way he was gonna let this POS and his stupid WW kick him out of his own home (rental) either.

So he called me and a couple other guys to go over there with him.

POS just about crapped his pants when we pulled up. He ran straight to his car and bolted. My friend then told his shocked WW to get the hell out.

She packed some bags and went to her sisters that night.

POS never stuck his nose in again while they went through the divorce either.
 
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