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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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my girlfriend moved in with me alittle over two years ago.

Customer Question

my girlfriend moved in with me alittle over two years ago. she has never worked since I met her three years ago. nor has she paid one dime toward any bills. ive bought her a car and ive paid for everything she has. and not only for her but also for her four daughters. which I might add has recently moved in with us. ive tried to be fair about all of this im willing to let her keep the car, all the kids stuff and bedroom suites ive bought for the girls. and everything ive bought Colby. but im not giving up my home its mine I own it and her names is no where on the deed. but she wont leave. its hell everyday. what can I do
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - She has no rights to your home other than being considered a month to month tenant who needs to be evicted. Since she entered the house with your permission you can't physically remove her so you need to give her a written 30 day notice to leave. then when she doesn't leave you can file a suit for forcible entry and detainer and get an judgment of restitution from the court. Then if she still fails to leave the sheriff or court bailiff will physically remove her. Oklahoma does not recognize common law marriage so she can't claim a legal marital status to remain in the premises. I know it sounds odd that she is considered a tenant when she pays no rent but the law is set up to avoid physical confrontations with people being physically removed from where they live. If any of her children are adults you would have to give them a 30 day notice as well and name them in your suit.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
Dave Kennett and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

does it have to be a 30 day notice. it is like living hell at my house. not only for me but her four daughters. which are twins 5 a 4 yr old and soon to be a 12 yr old.


 

Expert:  Dave Kennett replied 1 year ago.
Legally she is a month to monthly tenant. In order to legally evict a month to month tenant you must provide a 30 day notice of termination so if you have to go to court you have to have the proper documents to prove your case and that would be that you provided the correct notice to vacate. If you had a lease with her and she failed to pay the rent then you could give her a 3 day notice but since there is no lease or rent schedule all you can do is treat her like a month to month tenant. You can try to give her a 3 day notice but if she doesn't leave you have no recourse in the court and will still have to do the 30 day notice. I am assuming she's not going to leave because you hand her a notice so I'm trying to give you the information you will need if you have to go to court.

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