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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45989
Experience:  Attorney with 29 years of experience.
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How do I legally get my girlfriend to move out of my house

Resolved Question:

How do I legally get my girlfriend to move out of my house?
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.
Chat Conversation Started
LegalBeacon :

With no lease, your gf is deemed to be a month to month tenant. As such you can terminate the tenancy by giving written notice at least 30 days prior to the end of any month period. If she does not leave voluntarily, you will then need to give a 10-Day Notice to Quit...meaning she must within that period or vacate the premises. Then, if she still has not left, you must file a petition in small claims court for an eviction order. Once that is granted...which is a simple process...you can have the sheriff evict. Unfortunately, what you cannot legally do is shut off the utilities, change the locks, or avail yourself of any other means of “self-help” eviction.

Customer:

She doesnt pay any rent. Just lives here. Does that make any difference?

Customer:

What about her personal property? What if she say something is hers and tries to take it? Does this written notice need to be mailed to her?

Customer:

Do I need to get her name off the water bill before all this starts? The water company told me all i need to do is go there and have her name taken off the bill. They didnt act like it was any big deal.

LegalBeacon :

Unfortunately not. The fact that she has been living there for an extended period of time qualifies her as a tenant for purposes of determining how to get her out. She can take her personal property, but if you have a disagreement about ownership and cannot agree, you will have to deal with that in small claims court. You need not mail the written notice...you can simply deliver it to you..but, in case she says you didn't give it to her, you should probably have witness. Yes, change the name on your water bill.

Customer:

Just for information... we have been together on and off for almost 13 years. She just moved in about a year ago. She also has a 12 yr old son. Does that have any impact of this?

LegalBeacon :

That won't make any difference. It's your house and you have the right to evict her if she will not leave voluntarily when you have given her notice of terminating her tenancy.

Customer:

How do you get small claims court started? "living here for an extended period of time" What amount of time does that have to be? Would it have been different if she was only here for a couple of months? What is she decides to move out and tries to take something thats not hers... Like a piece of furniture? What if she tries to have her friends help her move her stuff and I dont want them here. Like a new boyfriend. Can I just call the police and have them removed?

Customer:

How do you get small claims court started? "living here for an extended period of time" What amount of time does that have to be? Would it have been different if she was only here for a couple of months? What is she decides to move out and tries to take something thats not hers... Like a piece of furniture? What if she tries to have her friends help her move her stuff and I dont want them here. Like a new boyfriend. Can I just call the police and have them removed?

LegalBeacon :

Small claims court actions are simple affairs...you simply go to the court, fill out a simple claim form and then the court lerk will issue a summons to the defendant notifying them they are being sued and the date of the hearing. Then you simply tell your story. Extended period of time is anything other than a guest for a few days. A couple of months would easily qualify. If she tries to take furniture out with a new boyfriend, call the sheriff.

Customer:

Can I mail the written letter to her at this address instead of having a witness here? I plan on just asking here to move out and if she still lingers around Ill mail here the letter. This was she already knows whats going on instead of being notified by a letter and starting a big ordeal. What if I send the letter with signature required and she does not accept it? Then what?

LegalBeacon :

Yes, you can mail the written letter to your address. Yes, I think that's a good plan...she may surprise you and simply leave and save you the trouble of having to go through the eviction process. You can send it certified, return receipt requested, but it isn't necessary.

Customer:

If its not necessary to have a signature then I assume you dont need proof that the letter was given to her? Just trying to understand why I would need a witness of giving the letter to her and sending it certified but dont need a signature or proof that she got the letter or not. Thanks for all your help by the way

LegalBeacon :

You're welcome. It would be helpful to have acknowledgment..but sometimes the cost of that can be high emotionally...i.e., they can get rather touchy about going from girlfriend to making them feel like you don't trust them enough to simply send the letter. My reference to the witness was more low-key...just having someone around without making it look like they were there specifically as a witness. :)

Customer:

One more question and I think that about covers it... So when I ask her to move out and she gets aggressive what do I do? Lets say she starts breaking things... trying to hit me or harm me in any way.............. then what? She has done this in the past... breaking my personals... cutting me with her keys.. punching, biting. etc.. Im sure once I ask her to move out she it going to make it as much of a headache as possible.

LegalBeacon :

If she tries to break anything or hurt you, you can do two things...one, call the sheriff and press criminal charges; and two, if she becomes a danger to you or your property, you can have her evicted immediately due to the imminent threat.

Customer:

I have pictures of what she did last time.... should I keep them for proof of her capability? There was a witness present at the time too.
Can I not press charges and just have her removed immediately if she tries to harm me or break personals?

LegalBeacon :

Yes, do save those. You do not have to press charges and, yes, you can simply have her removed immediately.

Customer:

Just out of curiousity.... How do you guys get these questions and how do we know whoever answers the question is legit?

LegalBeacon :

They pop up on the screen. Before JustAnswer allows us to be experts in any particular area, JustAnswer verfies our professional licenses and then we must pass tests to indicate that we have sufficient knowledge in the area of our expertise. Only then is someone allowed to be an expert. Then, you go through a probationary period where someone monitors your questions to make sure you know what you are doing.

LegalBeacon :

I hope this has given you the guidance you were seeking. I wish you the best of luck!



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Legal
Satisfied Customers: 45989
Experience: Attorney with 29 years of experience.
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