Domestic Dispute - Advice?

**ls1bandit** · 06-21-2008, 11:10 PM

more than likely you will have to get her evicted, usually after someone moves in and establishes residency you have to evict her.

**BLK02TransAm** · 06-22-2008, 02:31 AM

Originally Posted by Spaz

if her name is not on the lease agreement she is not legal resident... even if she pays rent...

Sorry, but that one is incorrect in many states. Once a person has stayed at a location for a reasonable amount of time, and has an established pattern of expectation of entry into the domicile, they are a resident there. Relationship does not matter. If you let a homeless guy crash on your couch long enough... he is a resident. If you let your deadbeat cousin crash on your couch long enough... he is a resident.

It's a strange area of law, but a person's right not to be tossed out on the street is a long-held part of common law, and has been enumerated into most states' laws.

All this "put her shit out and give an ultimatum" stuff is well and good for internet tough talk, but if the laws of your state are a resident-friendly as mine, you could be looking at serious legal trouble. I have answered dispatches to deal with your exact situation hundreds of times. Call your jursdictional authority and find out what the LAW says about how you go about removing her. Don't do anything to her stuff, change the locks, or bar her entry in any way until you have some type of verified information on the CORRECT way to get her removed... anything less could be a very costly mistake.

**B34M3R** · 06-22-2008, 07:02 AM

Most states require a 30 day notice for eviction... get it in writing, get that shit notarised even if its only you signing it(her too preferably), and give it to her. Make copies of it, and 30 days later, put her shit out the door and change the locks.

Perfectly legal, and still gives her plenty more time to move on. If you forcefully evict her earlier then that, she can take you to small claims for the "expenses" of finding a new place to live. She doesnt sound like the type that would do it, but hey, you never know.

This might not directly apply in your state, but its a good general rule of thumb because its the longest notice... I've seen states that require less, but none that require more.

**BLK02TransAm** · 06-22-2008, 01:45 PM

Originally Posted by B34M3R

Most states require a 30 day notice for eviction... get it in writing, get that shit notarised even if its only you signing it(her too preferably), and give it to her. Make copies of it, and 30 days later, put her shit out the door and change the locks.

Perfectly legal, and still gives her plenty more time to move on. If you forcefully evict her earlier then that, she can take you to small claims for the "expenses" of finding a new place to live. She doesnt sound like the type that would do it, but hey, you never know.

This might not directly apply in your state, but its a good general rule of thumb because its the longest notice... I've seen states that require less, but none that require more.

Just be aware in many staes, only an officer of the court (usually a Sheriff's deputy or a marshall) can serve eviction papers, and the first paper service is a notification of a hearing in front of the court, where you both get to present to the judge for his/her consideration of whether or not to sign the writ, and how long the person has to move out.

The above quoted method may work in some states, but I would still check with your local jurisdiction to be sure. Improper eviction could leave you facing civil and/or criminal charges.