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bones1234 · Aug 14, 2009, 05:49 PM

My ex girlfriend and I were on a lease and it expired 7/15/09. I signed a new lease with only me on it. She will not leave. She stated the landlord had to give her 30 more days to leave. The landlord then sent a certified letter stating she had to leave in 30 days. She will not leave. What rights do I have? Was she supposed to legally get the extra 30 days? Is she considered an occupant/squatter?

Do I call police? Get an unlawful detainer?

Please help... thank you!

N0help4u · Aug 14, 2009, 06:22 PM

Are the 30 days up?

When they are up the landlord has to go to court and get a court eviction if she still refuses to leave.

When that eviction is up you get the sheriff/constabul to remove her.

bones1234 · Aug 14, 2009, 06:38 PM

Thank you for responding.

The 30 days is coming up.

Does the landlord have to call and make a police report when the 30 days comes up that she still won't leave after?

Can I do the eviction notice as the tenant since I am on the lease?

N0help4u · Aug 14, 2009, 07:03 PM

No he doesn't call the police. He just goes to court and gets an eviction notice from them.

I think you can do the notice but it is maybe better if the landlord does it.

What does the landlord say?

AK lawyer · Aug 14, 2009, 08:35 PM

Originally Posted by N0help4u

No he doesn't call the police. He just goes to court and gets an eviction notice from them.

I think you can do the notice but it is maybe better if the landlord does it.

What does the landlord say?

I think NH4U means that the LL gets an "eviction notice" from the court. Actually what will be required at that stage is an eviction order. And it directs the police to show her the door (make her leave).

It's an interesting angle. I'm thinking that the LL has breached the lease by failing to have her out at the beginning of your lease term. You could go to court to evict her, by the way, but you might ask the LL what sort of compensation he is going to give you for this breach. A portion of the rent, perhaps.

ScottGem · Aug 14, 2009, 08:53 PM

You have no standing here. The landlord is the one who has to take action. As soon as the 30 days is up he has to go to court and obtain an eviction order. He needs to know what the rules are for an eviction where you live. But he must go through the formal eviction process.

AK lawyer · Aug 14, 2009, 09:02 PM

Originally Posted by ScottGem

You have no standing here.

I disagree. OP owns the leasehold. The ex is trespassing on the leasehold. That looks like standing to me.

ScottGem · Aug 15, 2009, 04:53 AM

I disagree. Both parties were signed on the original lease. But entering into a NEW lease with only the OP, the landlord has to deal with the leftover tenant. OP never had any agreement with the ex, they both dealt directly with the landlord.

But I do see your point and its certainly possible a court would view it that way. I don't think so, but its possible.

Mishka1 · Sep 17, 2009, 10:36 AM

This post is not legal advice. It is a lighthearted response that will not appear on the legal boards again.

With a little tongue in cheek, I imagine she has to leave sometime. If it's that bad, offer to pay the landlord to change the lock when she's out for the day and provide the ex a nice new place for her stuff: on the lawn. Then immediately take a 3 day vacation. Unless she really likes camping, I imagine you won't see her much after you return.

JudyKayTee · Sep 17, 2009, 10:58 AM

Originally Posted by Mishka1

With a little tongue in cheek, I imagine she has to leave sometime. If it's that bad, offer to pay the landlord to change the lock when she's out for the day and provide the ex a nice new place for her stuff: on the lawn. Then immediately take a 3 day vacation. Unless she really likes camping, I imagine you won't see her much after you return.

This is TERRIBLE legal advice and against the Law - OP won't have to worry about running into his roommate in the apartment because he'll be in jail.

Again - terrible advice.

If you have a source that indicates that is legal, please post it.

Mishka1 · Sep 17, 2009, 11:14 AM

I thought he got great advice above and wouldn't mind a little "tongue in cheek" advice, as prefaced, now that his question was answered. A little humor can go a long way to keeping sane during serious and stressful times. Of course my advice wasn't serious. Again,

With a little tongue in cheek,

JudyKayTee · Sep 17, 2009, 11:23 AM

Originally Posted by Mishka1

I thought he got great advice above and wouldn't mind a little "tongue in cheek" advice, as prefaced, now that his question was answered. A little humor can go a long way to keeping sane during serious and stressful times. Of course my advice wasn't serious. Again,

Your statement was: "[QUOTE=Mishka1;1983023]With a little tongue in cheek, I imagine she has to leave sometime." I can only guess that the "little tongue in cheek" refers to "she has to leave sometime." The rest is legal advice.

As far as anything after that is concerned, I considered it legal advice. Not everyone (apparently me, also) "gets" your tongue in cheek humor. People are looking for legal advice which you did not supply.

We take great pride in our answers on the legal boards - many have experience, education, great research skills. A flippant answer throws all of that experience/education/research away because many (and I'm not saying this one) people asking questions agree with the answer they WANT to agree with, not with what the Law says.

ScottGem · Sep 17, 2009, 03:59 PM

Originally Posted by Mishka1

I thought he got great advice above and wouldn't mind a little "tongue in cheek" advice, as prefaced, now that his question was answered. A little humor can go a long way to keeping sane during serious and stressful times. Of course my advice wasn't serious. Again,

But this is a serious board. Humor is not generally appropriate here.