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My ex girl friend lives with me and won't move out of my…

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My ex girl friend lives...
My ex girl friend lives with me and won't move out of my house, she will become hostile when I try, how do I get her out? My 3 daughters live with me and they're scared
Submitted: 2 years ago.Category: Family Law
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1/21/2016
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. She would need to be evicted. As a resident of the property, she has the same rights as a month-to-month tenant would have. That's 30 days written notice to vacate, either given to her or placed on her door (if she's in a different room). Basically this form needs to say "You are hereby given notice that you need to vacate the premises within 30 days of this notice. If you do not, a forcible detainer (eviction) action will be filed against you."

After the 30 days are up and she still has not left, you can file for an eviction in the justice of the peace courts in your county. You would need to contact the justice of the peace courts to find out the specifics in your county. They'll typically have the forms and tell you what you need to do (you'll need to give notice to her through service of process through a sheriff, constable, or process server, which they can set up, as well as have a hearing). After the hearing, the judge will sign an order of eviction. If she still doesn't leave after a few days, you can apply for a "writ of eviction" and have the sheriff forcibly remove her from the premises. Again, the justice of the peace court in your county will have this information about what specifically is required in your county.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

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Customer reply replied 2 years ago
how do I doccument the fact that I give her a notice to vacate the premises after the 30 period?
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

You can take a picture (if you post it on her door) with your phone (assuming you have a camera on your phone) as well as keep a copy of the notice and when you gave it to her. The picture on the phone is date stamped so you can show when it was given. This is rarely an issue, because stating under oath that you gave notice is typically accepted by the court.

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Customer reply replied 2 years ago
Notarized? And she will tear it up and claim she never received it
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

It doesn't have to be notarized. Taking the picture will be what establishes that you gave it to her.

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (> 30 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Hello?

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (>1 hour) and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Customer reply replied 2 years ago
Can I send eviction notice via email?
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

You can do it in addition to the written notice given to her. But the law doesn't specify that email is valid. The email is to show that she can't feign ignorance.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Again, My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (> 1 HOUR) and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Family Law Question
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Was there anything else? If not, please rate this answer so it will close out.

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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