Ask a Lawyer and Get Answers to Your Legal Questions
Have you called the police and asked them to escort her from your property?
No, I wasn't sure if I could do that
My suggestion is that you try that first. Sometimes the police will assist and sometimes they will not -- it is on a discretionary basis. Typically it works best if you do it within the first few days of her squatting -- but they may still be willing to escort her from the property as an unwanted guest. If they refuse to get involved then you will have to take the matter up in eviction court. You give her a written non payment of rent eviction notice and it should state that she must leave in three days or you will begin eviction proceedings against her. If she does not leave then you have to go to the local district court in your county and ask them for paperwork to evict an unwanted tenant. You complete the papers and she will be served and then once the matter goes to court you will get a court order with a date for her to leave (usually within a few days of the hearing date). If she does not move based upon the court order then you can call the local SHeriffs department to have her removed from the property. That is the way it is done. You can also hire a local attorney to handle these matters for you -- you can find one by contacting your local county bar association and they should be able to give you several names of attorneys who handle these matters.
Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. Pressing a positive rating below will NOT cost you any additional money -- it just acts as a trigger to Just Answer to pay me for my time. THANK YOU
Could I just get a restraining order?
Only if you are in fear of your safety -- she would have to be violent or abusive and you did not mention that. If she gets violent then call the police during an episode and you can have her removed and file a restraining order that way. Other than that it is still very tough for a man to appear at court and claim he is in fear of a woman living with him unless there if proof.
She is out now, could I put her stuff out and change the locks?
Because she has been at your place so long the law considers her a tenant. If you had called the police or put her stuff out after a few days then you might have been able to get away with that. However, if she comes back, she can call the police and claim she is your tenant and when the police determine that she has been living there for more than 3 months then they may tell you that she is now legally a tenant and you have to let her into the house until you evict her legally. If that was the easy and legal answer I would have told you to go ahead and do that when I first answered your question. AS it stands, as I said, the police MIGHT help you out here and tell her to get lost. if not, then you have to take the matter to eviction court. And it does NOT matter that she has paid you no rent -- she has promised to do so and that is good enough for a tenancy to exist. She probably knows all of this and that is why she has not left.
Actually the payment was going to be through funding from the business venture but that is terminated, so the promise also. Is that not correct?
It doesnt matter. There was a promise and now you have to evict her for non payment of rent according to the termination of her promise. You can certainly do what you want to do -- but if she knows what she is doing and has done this before, you will find yourself on the receiving end of a wrongful eviction lawsuit and that could set you back a few thousand dollars. You have to do it correctly and then you owe her nothing.
Thank you for your patients, I will wrap this up. How different would it be if there was no promise to pay? Also, The place is actually under construction and she knew it before she came here. Would it be illegal to make the place more difficult for her to live here to discourage her. Such as remove my appliances, kitchen sink (which is a temporary set up) confine space, tun off power?
Not really much difference because the courts typically look at these things depending upon the length of time the person has been living there and if it is beyond 30 days they are considered a tenant whether they pay or not. However, with the promise to pay you can give her a 3 day notice to pay or leave rather than a 30 day notice to leave (it is the difference between waiting more time to take the matter to court). You cannot turn off electric or water or remove the stove or toilet and bath (health and sanitary concerns). Other than that you can do whatever you want.
Sorry for misspelling (patience). It is illegal to remove the stove even if it is necessary so I can finish the construction on the kitchen? I still need to do some demo, there are bare studs, no flooring, exposed pipes. What if the stove breaks or something?
There must be a stove. You can remove it temporarily for a few days, but she could call the board of health if it goes any further than a few days for remodeling. Its the law.
Oh! I don't own the house. The owner gave me permission to live here. The owner doesn't know that she's here and utilities are in the owners name and she cannot afford to pay, neither can I, so what happens if they get shut off for non payment? Will the owner get in trouble? She is in a nursing home.
If they are shut off for non payment and you cannot pay then that is not your problem. You will just have to live with it.
She plans on taking off for about a week on the 2nd, but leaving her stuff. Is that something I can take advantage of?
I gave you the answers above. Take your pick. You can change the locks and throw her out and see if she calls the cops or not. If she does not call the cops then you luck out and she goes away. If she calls the cops they might make you take her back and in that case you will have to go the legal eviction route that I told you about earlier. If you shut of sanitary or health items like toilets and stoves or the electicity then you might face fines if she calls the board of health on you. You just have to play it by ear and see what works out, Good Luck
Thank you Mary
Attachments are only available to registered users.