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Walter
Walter, Legal Consultant
Category: Legal
Satisfied Customers: 11528
Experience:  Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection
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I have a guest and her 9 year old brat daughter

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I have a "guest" and her 9 year old brat daughter living in my home. We agreed that as long as she provided food (purchased with food stamps) in the house and cleaned, she and her daughter could stay in a spare room I have. She''s been here 3 months now and has stopped cleaning, buying food.The room is totally destroyed, trash, dirty clothes, and rotting food piled almost knee deep. Antique furniture that is in the room has stains, stickers, makeup, etc. on them. The room (which was freshly painted and had new hardwood floors) stinks so bad, I almost vomited. We got into a shouting match yesterday and I told her to get out. She said she wasn''t going to leave, has rights and would call the police if I threw her, her smart mouth kid, and all her trash out. Please tell me what to do here. She''s making living in my own home unbearable. She''s already chased 2 of my good friends away by yelling at them. Does she have rights? What about my rights?
Submitted: 6 years ago.
Category: Legal
Expert:  Walter replied 6 years ago.

Hello,

I am sorry, I do not have good news. Since you allowed her to move in she by law has established residency and thus you can not simply put her out without following the eviction laws.

In eviction process you must first give them notice to vacate. You will need to give them a 3-7 day written notice to vacate. Generally 7 days is recommended but you can by law give them 3 days.

If they have failed to leave within the noted time you will need to go to the local clerk of courts office and file for a eviction. You can pick the forms up at your local law library or purchase them on line. Fill them out and submit them to the clerk of courts office. The clerk will set up a hearing at which time you can request a eviction based on not wishing to renew the lease. The judge will then give them a set time to be out. Generally this is 3-7 days but depending on the situation.

If they are not out by the set date the judge orders you can then take the order to your local sheriffs office who can set them out of the home.

I wish you the best,

Walter

Customer: replied 6 years ago.
Reply to Walter's Post: Even if she is damaging the property? Can she use foodstamps that are supposed to feed her kid to secure the room? Is that legal?
Expert:  Walter replied 6 years ago.

Hello,

How did she use food stamps to secure the room? You stated the agreement was she purchased food for the home. I am assuming this food was for her and her daughter as well? If she was paying you in food stamps then yes this is against the law and you both could be charged with felony's based on this misuse of government funds.

As far as her damaging the property you can cause the police and report her if she is actively destroying the property but makeup and stickers and stink would not be deemed her setting out to maliciously destroy the property.

I know this is a pain, and I know it is unfair but the laws are there for a reason and if you break the law you can be held liable in court for your actions.

Walter

Customer: replied 6 years ago.
Reply to Walter's Post: So, I suppose burying her and all her trash in the backyard is out of the question. Damn. So much for being a nice guy. My girlfriend wants to murder me. Thanks for the advice. I'll post a 3 day notice. I can keep the police from coming into my house but I can't keep a disrespectful, ungrateful slob out, unbelievable.
Expert:  Walter replied 6 years ago.

Hello,

No...........that would defiantly be out of the question Laughingtitle="Laughing" width="18" height="18"/>

I am sorry, I know this is a pain but in the long run it sounds like she knows her rights and seems to be the type to go running to the police and judge with your actions.

Walter

Walter, Legal Consultant
Category: Legal
Satisfied Customers: 11528
Experience: Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection
Walter and 14 other Legal Specialists are ready to help you

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