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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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If a person was living with u, and u split up, but she will

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If a person was living with u, and u split up, but she will not leave, she has been there for 3 months, gets mail there had joint checking account. What can be done to get her out? She is not on the lease. Is it considered I am landlord and she is tenant now? She will not leave the bedroom, I have lived there for 2 years. Also what is the law about a boy (10) and girl(13) sleeping in same bed or bedroom even if mother is there. I live in West Virginia.
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer.

 

 

Answer: You will need to treat the woman as a tenant, and give her proper notice to vacate under the landlord/tenant law. http://law.justia.com/codes/west-virginia/2005/37/37.html If she fails to move out, you then have to use the eviction process. Everything must be in writing. Only a court can order her to move out.

 

In regards XXXXX XXXXX children sleeping together, that's really a separate question. However, one way to find out is by filing a child protection complaint (or perhaps just calling the office) http://www.wvdhhr.org/bcf/children_adult/cps/casework_process.asp

 

 

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Jane Doe Deer

 

Customer: replied 3 years ago.
if she is a tenant now can I make her sleep in other room
Expert:  Jane Doe Deer replied 3 years ago.

Certainly. If you've broken up, she is just a tenant. If you don't have a written rental or other agreement, she would have the right to the whole apartment, but you can keep her out of your bedroom. And if you want to have relations with a new partner, that's your business, and she can't say anything.

 

By the way, if she's not on the lease, you are probably in violation of your lease or rental agreement with YOUR landlord. (Just something to be aware of).

 

My best,

 

Jane

Customer: replied 3 years ago.
But her clothes and things are in my room, she says doesn't have to sleep in another room.
Expert:  Jane Doe Deer replied 3 years ago.

That's BS. There is no law in the US anywhere that would force you to sleep with someone. Period.

 

Keep everything in writing. When you write out your written notice to have her vacate the apartment or house, include a paragraph that gives her a time limit for moving her stuff out of your bedroom (I'd say not more than 24 hours). Offer to help if you want to be nice.

 

Be sure your letter to her has your name, address, date, and signature. Make a photocopy. If you can, get her to sign your copy as "received" with her signature and date. (She may refuse).

 

If she refuses to sign for the letter, write out a separate dated, signed memo stating the circumstances and keep that for your records.

 

Paperwork is very important - you need a paper trail if this goes to court.

 

Some courts sell packets for evictions for a small sum. If your local court does, you may want to buy one of these and use the forms provided.

 

If your "roommate" will not move out of your room, or threatens you in any way, shape, or form, I suggest that you attempt to obtain a domestic violence restraining order. (This should also help you get her out of the apartment altogether). You may want to print this out (it opens somewhat slowly): http://www.state.wv.us/wvsca/familyct/DomViolence.pdf

 

Please let me know if I can be of further help to you.

 

My very best,

 

Jane

Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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