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    ojforhisglory's Avatar
    ojforhisglory Posts: 1, Reputation: 1
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    #1

    Aug 26, 2010, 09:29 PM
    Can I legally ask a long term house guest to leave?
    In May, 2008, I allowed my ex husband's sister to stay with me "for awhile". I expected her to stay a few months tops. She is still here nealy three years later. Can I legally get her out of my house? I live in NJ.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 27, 2010, 05:04 AM

    Hello o:

    Sure. If she doesn't leave after you ask her nicely, you can evict her.

    excon
    foundation's Avatar
    foundation Posts: 11, Reputation: 0
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    #3

    Aug 27, 2010, 05:25 AM

    Send her a letter asking her to leave. Send it delivery confirmation and keep an exact copy for yourself. Give her days to vacate, then file eviction papers at the county clerks office.
    foundation's Avatar
    foundation Posts: 11, Reputation: 0
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    #4

    Aug 27, 2010, 05:26 AM

    'Sorry, you need to give her 7 days to vacate before filing the eviction papers.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Aug 27, 2010, 05:30 AM

    Hello again, o:

    She's considered a month to month tenant. Therefore, you must give her a 30 day WRITTEN notice.

    excon
    foundation's Avatar
    foundation Posts: 11, Reputation: 0
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    #6

    Aug 27, 2010, 05:44 AM

    Hi excon, where is the koolaid?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Aug 27, 2010, 05:57 AM

    Given that she has no lease or rental agreement, you have to give her 30 day notice that you are terminating her tenancy. If she refuses to leave after that 30 days, then you go to your local court and apply for an eviction order.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Aug 27, 2010, 06:16 AM
    Quote Originally Posted by foundation View Post
    Send her a letter asking her to leave. Send it delivery confirmation and keep an exact copy for your self. Give her days to vacate, then file eviction papers at the county clerks office.
    Assuming, of course, that you know her address. ;)
    foundation's Avatar
    foundation Posts: 11, Reputation: 0
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    #9

    Aug 27, 2010, 01:14 PM
    Quote Originally Posted by AK lawyer View Post
    Assuming, of course, that you know her address. ;)
    Sir, She lives with the lady who wants to evict her from her home. The home address should suffice?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Aug 27, 2010, 01:39 PM
    Quote Originally Posted by foundation View Post
    Sir, She lives with the lady who wants to evict her from her home. The home address should suffice?
    The sarcasm went over your head, evidently. You had suggested that the OP "... Send it delivery confirmation ...". So that would get you a postal form proving receipt. OP's testimony would serve the same purpose.
    foundation's Avatar
    foundation Posts: 11, Reputation: 0
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    #11

    Sep 1, 2010, 04:38 PM

    Yes sir, my only concern would be that the second party would deny that they were ask to leave. A written note would at least provide a paper trail.
    Thankx for pointing the sarcasm out.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #12

    Sep 1, 2010, 05:00 PM
    Quote Originally Posted by foundation View Post
    ... A written note would at least provide a paper trail. ...
    Write or type the note.

    Sign it.

    Hand it to the unwanted houseguest.

    Have the UH sign a receipt, if she will. Or have a witness to the delivery of the note.

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