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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55607
Experience:  Attorney with 29 years of experience.
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I am a home owner and broke up with my fiance and want her

Customer Question

I am a home owner and broke up with my fiance and want her and her violent son gone from my home. She has never paid anything for mortgage or utilies. Her son has damaged parts of my home and police have been there several times for his behavior. How do I evict her?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

Since she won't leave voluntarily, unfortunately, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease and even though she is paying nothing, an occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days pursuant to Idaho Code §55-208. If they do not leave voluntarily, under Idaho law, you will then need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.

BUT, in the interim, if they pose any threat to your person or property, you can get a restraining order to get them out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force them out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!