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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102366
Experience:  Attorney
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I have to evict a tenant in Maine. She is at least three

Customer Question

I have to evict a tenant in Maine. She is at least three months late which is iffy since we kept making deals because of the cost of oil. The problem is she got married and I no longer have her married name...will her maiden name be good enough
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Yes, her maiden name should be fine. Persons who are married are still legally "bound" to any documents and paperwork under their original name, and it may still be used if no maiden name is known.
One can file an eviction under the maiden name, and at first opportunity, learn the married name and simply amend the suit to "Jane Name aka Jane Married-Name with the Court.
Even if this is not done, this really only becomes an issue if one has to get a WRIT to get her kicked out, and she claims that she (married name) is not the person on the order (if there is only the single name), but even then this is easily resolved.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
I guess I am confused you think a judge will throw this out if I cannot get her maiden name?
Customer: replied 2 years ago.
She seems to have wall around her, protecting her
Customer: replied 2 years ago.
and is there a way for me to find out
Expert:  Ely replied 2 years ago.
No, not at all. I will be more succinct:
1) An eviction may be filed under her single name, under her married name, or, under her single name also known as her married name;
2) It does not matter;
3) One can file under her single name only if this is what is available now, and then later UPDATE the eviction paperwork with her married name;
4) If there is an eviction order/writ, then provided that the authorities understand that she is the person who the order is for, it does not matter what name it is under.
People have file evictions against JOHN DOE in the past when there was an unauthorized occupant with the tenant, for example.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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