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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99415
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely, I'm not satisfied with your earlier answer to my question. My son's girl

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Ely, I'm not satisfied with your earlier answer to my question.
My son's girlfriend is not a tenant at sufferance. She has never been a tenant or had a lease with use. She stays over night at our place as she pleases even after given verbal notice not to do so. I've sent a certified leeter as of this morning forbidding her on our premises. If she doesn't comply, I've notified her that she would be trespassing. You recommended evicting her but she is nor has ever been a tenant? Jean
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 months ago.
Hello Jean. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. A tenant at sufferance does not need to have a formal contract with the landlord. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner. The tenancy is created automatically once you or someone who had the authority to allow her to be there. There are two ways you can handle this: 1) Treat her as a tenant at sufferance, give her 14 days notice, and then evict her if she does not leave; or2) Indeed treat her as an unauthorized occupant. However, if you do, then this is what is likely to happen if you call the police about trespassing: The police will show up. Your son will confirm that she is his girlfriend and that he is allowing her to stay there. The police will say "Okay, thank you," deem it a civil matter, and leave. You will be back to square one. So even if she is - technically - a trespasser, as long as your son is backing her, the only way to formally get rid of her is to treat her as a tenant at sufferance. Note - I am assuming that your son will back her. If he wants her to leave as well, reply and let me know as this would change my answer. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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