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Alex J. Esq.
Alex J. Esq. , Attorney at Law
Category: Legal
Satisfied Customers: 16112
Experience:  Experienced Licensed Attorney
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A friend has her girlfriend living with her and her mom, with

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A friend has her girlfriend living with her and her mom, with the moms consent. The girlfriend has been living there for 7 months, but recently has threatened my friend. The mother is the legal owner of the home, but is not intervening; she wishes to avoid their quarrel altogether. Even more recently, the girlfriend has stolen money, looked through emails/private information, and is beginning to threaten more.

My friend wishes to evict the girlfriend.

Additional Information: There is no written agreement (tenant/lodger). Also, the girlfriend has been paying a small amount of rent, but was given a verbal notice to vacate exactly 30 days ago. However, there was no written 30 day notice. My friend now has a fear for her mother and her life.

Question: Are there any options/routes that she can take to have the girlfriend removed from the home? She wants to do this process legally to avoid an "unlawful eviction".

I am planning to speak to the mom in a couple of hours, to try and convince her to get involved in her daughter's happiness, and have the girl removed, and I wish to have all of my information readily available.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Is your friend's mother willing to pursue an eviction against your friend's girlfriend?

Were the threats that girlfriend made properly documented and reported to the police?
Customer: replied 3 years ago.

Whether the mom agrees to the eviction is remained to be seen...I am speaking with her this evening. Initially, she wanted to avoid the confrontation altogether. But, I may be able to persuade her to choose her daughter over a stranger.


Also, no, the threat was not reported to the police.

Dear XXXXXny,

There is two way to address this type of situation:

1) If this tenant is making physical threats against the mother or your friend or committing some type of crimes against the mother or your friend, than either mother or a friend can report this criminal activity to the police and also file a petition for a restraining order.

If the restraining order is granted, this tenant will have to move out of the house, or she will be in violation of the restraining order and would be subject to being removed from the house by the police and being incarcerated.

2) Only the mother, as the legal owner of the house, has the right to evict this month to month tenancy and the eviction would have to start by a written 30 days notice of termination of month to month tenancy and if this tenant does not vacate after 30 days expire, than the mother will have to pursue a legal eviction through a local court.

I wish you the best of luck and please let me know if you have any related follow up questions?
Customer: replied 3 years ago.

Also, her rent is due tomorrow. If she does not pay the rent and is notified that she has a certain time to pay, would she (the mother) have grounds to evict her sooner, to bypass the 30 day notice?

Dear XXXXXny,

Do I understand it correctly that there is no written agreement between the tenant and the mother/owner that exist?

Is this tenant current on rent and how did this tenant pay rent before, i.e. check, cash, money order, etc...?
Customer: replied 3 years ago.

Correct, there was never a written agreement. Initially my friend invited this girlfriend into the home with the mother's consent. She decided to pay an informal rent for letting her stay in the house.


She has been consisting paying this informal rent for 7 months at 30 day intervals, sometimes cash, sometimes a check. This informal rent would "informally" be due tomorrow. There were a couple of months where she paid no rent at all. Again, it was completely informal.

Dear XXXXXny,

Unfortunately, since there is no written lease or even verbal agreement to pay rent for this tenant, starting an eviction based on unpaid rent, would be a losing strategy as it is likely the judge will throw the entire non-payment of rent based eviction out, based on the facts you have stated so far.

The proper way for the mother to evict this tenant would be based on a valid 30 days written termination notice to this tenant and to treat this tenant as a month to month tenant.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16112
Experience: Experienced Licensed Attorney
Alex J. Esq. and 8 other Legal Specialists are ready to help you
Dear XXXXXny,

Do you have any related follow up question?

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