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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36235
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a live in girlfriend that i need to get to move out

Customer Question

i have a live in girlfriend that i need to get to move out of my house. she doesn't pay rent and the house is mine. how do I do this legally? we have lived together for 13 years
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is there any type of written tenancy agreement or was any agreement to let her live there verbal?

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Did you file a formal criminal complaint against her?

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Did the police remove or arrest her?

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thanks

Barrister

Customer: replied 1 year ago.
no written tenancy. I had to have the police come out to stop her from starting a fight. she was not arrested or removed
Customer: replied 1 year ago.
no verbal tenancy
Expert:  Barrister replied 1 year ago.

Ok, if she wasn't arrested, you couldn't really get a restraining order to get her out immediately... So at this point she would be considered a month to month tenant with you being her landlord. In order to terminate her tenancy in South Carolina, you would have to give her a written 30 day notice to vacate stating on what day the notice ends.

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Then if she didn't move out, you can file a formal eviction action in court to get a judgment and a writ that the sheriff can execute to physically force her to move out. Takes about 2-3 weeks after the 30 day expires depending on the court's and sheriff's schedule. The court clerk will have the summons and eviction complaint that you need to file to get the case going if she didn't move out during the notice period.

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thanks

Barrister

Customer: replied 1 year ago.
thank you
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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