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JTYRONEREEVES · May 22, 2008, 09:10 AM

Here's the cituation. My son and his wife were living in one of my properties. My son and his wife began to have marital issues so my son left the home to minimize stress in the home. Now that they are going to get a divorce the wife refuses to leave. She has been asked to leave via email and verbally. She verbally agreed to leave on a certain date and has now extended the date. She says she knows her rights and that her possessions can not be removed from the home. Again there is or was never a lease so let me know what can be done? I live in Alabama also.

progunr · May 22, 2008, 09:15 AM

You will have to follow the law in your area and evict her legally.

Do not attempt to force her out in any way, or you could very well end up being the one in serious trouble here.

Your local court house can provide you with the forms and instructions for eviction. Some jurisdictions allow the landlord to process the eviction, others will require that it be done by an attorney.

ScottGem · May 22, 2008, 10:42 AM

Obviously she doesn't know her rights that well. True, you cannot remove her belongings. But you can evict her. And once the court issues the eviction order, you can hire a sheriff to remove her belongings.

So what you need to do is follow the process for you area. Generally this involves serving her with a formal vacate order. Generally you can give her 3-7 days to vacate. If she has not left by then, you file for a eviciton order in your local court. A hearing will be held and the order granted. The order will specify when she has to be out. If she hasn't left by the listed date, you hire a sheriff to remove her.