Question:

What are the legal requirements to be considered a resident of a house?

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I currently live in Omaha, Nebraska, and am having trouble finding information about this. I would like to know what sorts of things allow a person to say they are a resident of a specific house. There's a big dispute leading up to this, but as it's a personal matter we'll just go past that. He states that since he is getting his mail sent there, he's a resident. I didn't think that was right, because you can send your mail anywhere nowadays. Then he stated he has a cell phone bill through Cricket, and since he has that sent there, he's a resident. Once again, I don't think it's right, because in both cases you are directing the mail to that house. I heard rumor that the only thing that can be considered from mail is a bill for something related to the house: electricity, water, heating, etc. Before anyone asks, he was a friend staying there until he got his own place: no rental agreement except verbal, and he admits he has gone back on his agreement many times. Thanks for the help!

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4 ANSWERS


  1. He has to sleep there, with the permission of the owner or renter for 14 days.

    In some places you can have the police remove him after a 30 day notice, but a regular eviction works better.   It takes 33 days.


  2. Verbal agreements are legal and he is likely a legal resident/occupant. If he slept there more often than not, has possessions there and gets mail there, he resides there.

    You state, "he was a friend staying there ..." That alone sounds like he was allowed to move in.

    By default, he would be a month to month tenant, possibly week to week.

    If you were to call the police to remove him, they would more likely than not tell you that you need to evict him through the courts.

    If you were to throw his stuff out to forcibly remove him, you could end up arrested.

  3. If he's sleeping there, his belongings are there and he recieves mail there, he is a legal resident.

    If you want him out and he refuses, you'll have to evict him. You can't (legally) touch/pack his belongings and "just throw him." It has to be with his willingness to go or by eviction.

  4. He's NOT on the lease, he's not on the deed, he's not a resident, but a guest

    or possibly an at-will tenant

    in either case, tell the bum to get out

    His presence is probably a violation of your lease

    if you're on the lease and he ain't, give him notice, then call the cops to escort him and his stuff off your premises

    AND, invest in having all the locks changed immediately

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