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I am trying to evict my ex-girlfriend from my home. She and…

Thank you. I am...

Thank you. I am trying to evict my ex-girlfriend from my home. She and her 3 kids have lived with me for free for more than a year. I pay all the bills and there is no rental agreement. What should I do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

MD

Lawyer's Assistant: Has anything been filed or reported?

No. I have asked her to leave but she won't. She has a good job and can afford a place of her own

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Answered in 5 minutes by:
3/12/2018
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,047
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Good morning. Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease, whether or not she’s paying anything, the 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 under Maryland law. If she does not leave voluntarily, Then, if she still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict her. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if she poses any threat to your person or property, you can get a restraining order to get her 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 her 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 question. 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 Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 4 months ago
How should I deliver the 30 days written notice. By mail, certified mail, etc.?

I would deliver it either my certified mail or by independent courier so you have independent proof of its delivery and the time of delivery.

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,047
Experience: Attorney with 29 years of experience.
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Richard and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
OK Thank you. I don't need to file the 30 day notice with the court I assume. I just need to have proof that she received it in case I have to file for eviction. Correct?

No...you do not need to file it with the court. But, yes, you will need the proof of delivery.

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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Customer reply replied 4 months ago
Thank you very much Richard!

It's my pleasure to help! :) Have a great day!

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Customer reply replied 4 months ago
Hi Richard-
I hand delivered the 30 day (actually end of April) notice to my tenant. Do I also need to put a copy to her in the US mail (certified or proof of delivery receipt)?

The only problem with simply hand delivering notice is if they don't actually sign for it or you don't have an independent witness, if the tenant later claims it was not delivered, you have a hard time proving it. So, if she did sign it or you had an independent witness, then you're fine; otherwise, proof delivery by mailing it by certified mail or independent courier would provide you the substantiation you need.

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Customer reply replied 4 months ago
Ok Thank you. I will mail copies to both residence and her place of employment via certified mail and get a return receipt. That should be sufficient shouldn't it?

That will be fine. :)

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Customer reply replied 4 months ago
Thanks again
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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