Two years ago, in Augsut of 2010, a woman asked to move in with me. She said she could only pay $400/month. She is living in my deceased mother's suite (2 rooms = 500 sq.ft.). She pays me $221/month because of paying storage fees of $169/month. I agreed to that initially. We have gone past the one year mark that the verbal agreement was for (I was going to clean out my basement so she could move her things in, but I had health issues that prevented me from doing so.) In the meantime, she has not cleaned the place in a year - no vacuum or dust, and it smells like dog pee. I went to clean my mother's Pennsylcvania House cvherry furniture and found it was bubbled up because perfume and oil sopilled. SHe can't sleep in the bed because it's stacked like 5 feet high with junk. It looks like hoarders. I did give her 90 days notice on May 31,2012. She has not cleaned anything. This is my house and she destroying it. What are MY rights to get her out sooner. We have NO agreement after the first year.
Please HELP, I am losing my mind and I was literally going to vomit. She lives like a filthy pig - and I am clean.

Where?

At any rate - she needs to be evicted according to State law.

I am sorry. I am in Delaware. She's on disability, on meds and pain killers (narcotices). I am sober 12 years and just weaned off pain meds due to a back injury. I practice yoga and with Rolfing healed myself. I was allowing her to pull me down to her level. I drove her everywhere. Now she has the boy next store (23 and a convicted felon) come over with his friend and they drive her to places. She used to be a friend but this really turned nasty. She been kicked out of houses twice before (I should have read the writing on the wall, but I thought I was doing something nice.) I did serve a 90 day notice (I got from Rocket Lawyer - and my friend witnessed it). She thinks she is staying, she's offering to help me, etc. but she won't take my offer to help her clean her rooms - MY ROOMS. My house is paid for and in my NAME only!! My poor mother died in that bed and she was spotless and her furniture is ruined, RUINED! I have pictures of all the hoarding. It is really, really nasty. Do I have a right to keep my home clean?? Thank you... off to yoga. Nameste!

I don't quite understand what you are asking about - you need to evict her according to Delaware law. You did give her a 90-day notice.

She may think anything she wants. That doesn't change the eviction process.

If she has ruined things, take her to Small Claims Court.

Of course you have a right to keep your home clean. Why do you ask? You can't force yourself into her space.

You have already gave her a 90 day notice, ( I would have thought with damage to items and the such you could have done it sooner) but you choose 90 days.

I would go to an real estate attorney and have them follow up to be sure all the paper work is correct and filed and served properly. BECAUSE, deadbeats that do this, know every law and every reason they can get more time.

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Originally Posted by Fr_Chuck

You have already gave her a 90 day notice, ( I would have thought with damage to items and the such you could have done it sooner) but you choose 90 days.

I would go to an real estate attorney and have them follow up to be sure all the paper work is correct and filed and served properly. BECAUSE, deadbeats that do this, know every law and every reason they can get more time.

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Thank you. I am a nice person, but I saw the damage after I gave her notice. It is all my mother's furniture in there, and my mother was a neat freak - white glove person. I was sick to my stomach when I went to clean it... the finish came up on the scarf. I have tons of pictures.I swear it's just like the Show "Hoarders". The deal didn't include using my mother's furniture, but I was unable to move it due to my back issues. I intended to move the furniture out - this was an intention not a contract. There never was a formal, written contract. She was a friend who took advantage of me. Started to tell my friends stories to break us apart so she could be friends with them. She was kicked out of Doris's house twice. She's 61 and doesn't have a pot to pee in. And besides rent goes up - I am paying $300/month in electric. The bill before she moved in was $80! She has 2 humungous heater/a/c units that eat up a ton. It was fine with my mom becvause she paid part of the bills - all the bills, like water, sewer, trash... $221 doesn't cut it. I am supporting her. I can't afford it anymore. She never even said I'M SORRY! I didn't know I did that to the furniture... it's MY fault because she doesn't have hers in the room. Is there any way to shorten the time - knowing the damage now? I was unaware of it when I "served" her notice.

I am beside myself. I just want to start fresh. She says she's been looking for a place since January and can't find one. (I had given her a verbal notice before).

I don't know - it's like an open wound that won't heal. I feel totally disrespected and taken advantage of. I would never treat my living arrangement like this - I did not know she lived like this (really it is filthy and the dog pee stinks) or I would NEVER have said yes to her asking me... she begged me because the other place she was living in took her money and bought drugs with it. I got myself oin a pickle I did.

Thank you for your help - and anyone else there who can steer me the right way to go. I don't want to be nasty, I want to do things the proper way.

I hate to say this, but you brought this on yourself. You decided to take in a tenant without a written agreement, you decided to accept a below market rate rental, you decided not to learn your rights BEFORE you accepted her as a tenant. You are now paying the price for those mistakes. Since you already gave her a written notice of 90 days, that is binding.

The laws in Delaware pertaining to landlords and tentants appear to be in Title 25, beginning with Chapter 51. I don't see anything that says you have to give a 90 day notice to quit on a month-to-month tenancy. It's usually 30 days in most states, and may be less than that.

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Originally Posted by ScottGem

I hate to say this, but you brought this on yourself. You decided to take in a tenant without a written agreement, you decided to accept a below market rate rental, you decided not to learn your rights BEFORE you accepted her as a tenant. You are now paying the price for those mistakes. Since you already gave her a written notice of 90 days, that is binding.

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No this did not help.

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Originally Posted by Chessie430

No this did not help.

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This is a legal forum - "we" don't necessarily always agree with the person posting.

Maybe the advice you've received helped. Maybe it didn't. It's not a feel good site.

If it's moral support you need (and I realize you are upset about your mother's furniture) then you need to post on an "emotional health" board.

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Originally Posted by Chessie430

No this did not help.

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Sorry you feel that way. But on this site we tell it like it is. Personally I think it did help. I think the next time you take on a roommate or tenant you WILL get things in writing and won't let yourself be taken advantage of. And it will be partially due to my being blunt and honest about your past mistakes.

Not all help can be proactive telling you what you can do. But it can be helpful to point out past mistakes so they won't be repeating.

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Originally Posted by ScottGem

Sorry you feel that way. But on this site we tell it like it is. Personally I think it did help. I think the next time you take on a roommate or tenant you WILL get things in writing and won't let yourself be taken advantage of. And it will be partially due to my being blunt and honest about your past mistakes.

Not all help can be proactive telling you what you can do. But it can be helpful to point out past mistakes so they won't be repeating.

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Thank you Scott - I will not repeat this mistake, as I am never going to let anyone move in with me again, unless we are legally married! LOL You were honest and I thank you for that.