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Goldiepet · May 11, 2009, 04:41 PM

I own my home and allowed a friend to move in about 2 years ago. It's turned into an absolute nightmare and she won't move out. What legal steps can I take to get her to move?

Pokerface5 · May 11, 2009, 04:51 PM

Well I don't know any EXACT legal procedures but I know that my mom had the same problem and it ultimately came down to the fact that since the roommate paid half the bill every month she could'nt be kicked out persay. You guys have to come to a mutual agreement, but if se pays rent and is on the leasing contract then she is entitled to the home also. But if she's not paying rent then there are ways to get her to move (legally)
P.S NO LEGAL ADVICE GIVEN

LisaB4657 · May 11, 2009, 04:52 PM

Even if she has never paid a penny for rent or anything else, she has still established residency and you have to treat her as a tenant. That means you have to give her a written notice that her tenancy is terminated and she must move out in 30 days. If she doesn't move out by then you have to file a lawsuit to evict her.

Goldiepet · May 11, 2009, 05:03 PM

She is not on the house, nor on the utilities or anything else. How do I give the 30 days notice? Can I type something up and hand it to her? Does she have to sign it? Where do I go from here?!

Goldiepet · May 11, 2009, 05:06 PM

My roommate is not on the deed, nor the utilities, nor anything else. I understand that I need to give her formal notice to move out. I live in AZ. Do I need to get an attorney? If not, do I need a special form? Can I just type one up? Does she need to sign it? I'm desperate to get her out of here asap, as I am disabled and she has become an extremely angry person.

LisaB4657 · May 11, 2009, 05:19 PM

Please don't start a new thread. I've merged them so we can keep all of the info together.

You can write a notice addressed to her that says "Your tenancy is hereby terminated. You must move out on or before June 15th" (or whichever day you pick, as long as it's 30 days). Hand her one and keep a copy for yourself. She doesn't have to sign it.

Starcrossed · May 11, 2009, 05:33 PM

Originally Posted by Goldiepet

'm desperate to get her out of here asap, as I am disabled and she has become an extremely angry person.

If you feel like your safety is in jeopardy I would recommend calling the police and have her removed. I wouldn't even worry about any possible civil litigation brought against you by her.

Please seek a "Protective Order" to get immediate relief. Here is information about them for your state:
Things You Should Know About Protective Orders

Good luck with this, and please keep us informed.

ScottGem · May 11, 2009, 05:54 PM

Yes, by all means go to the police if you fear for your safety. But I would not call them unless you have proof that you were physically attacked or threatened.

After you give her the 30 day notice check with your local housing court for the exact eviction process.

ScottGem · May 11, 2009, 05:59 PM

Originally Posted by Pokerface5

You guys have to come to a mutual agreement, but if se pays rent and is on the leasing contract then she is entitled to the home also.

P.S NO LEGAL ADVICE GIVEN

This is not correct. A tenant has to adhere to ALL the terms of the lease, not just paying rent. Its clear from the OP that this is not the case.

And since this is one of the LAW forums you shouldn't be answering unless you are giving advice according to the law.

Who are you this time? The WalMart employee who doesn't report a theft or the 15 yr old who posts advice based on mommy's experiences?

ScottGem · May 12, 2009, 02:07 AM

Comments on this post
Pokerface5 disagrees: Misquoted

Where were you misquoted? I used the quote feature so there couldn't have been a misquote. The quote is correct right doen to the typo (se, not she). I did edit out other parts of your post that were not on point, but that is NOT a misquote.

What I see here was a retaliatory negative rating. You gave inaccurate advice which I commented on in a valid rating. Retaliatory negative comments are not allowed here.

excon · May 12, 2009, 08:11 AM

Hello G:

You need to evict her according the laws of your state. Fortunately, we have a copy of them right here at the top of the real estate page on a "sticky note". Go read it, and do what it says.

Nahh, it's not difficult, or expensive..

excon

JudyKayTee · May 12, 2009, 08:30 AM

Originally Posted by Starcrossed

If you feel like your safety is in jeopardy I would recommend calling the police and have her removed. I wouldn't even worry about any possible civil litigation brought against you by her.

Please seek a "Protective Order" to get immediate relief. Here is information about them for your state:
Things You Should Know About Protective Orders

Good luck with this, and please keep us informed.

In my area - NY - this is NOT a criminal problem, involving the Police. This is a civil matter between roommates. You need proof in order to get a protective order. I also have seen protective orders - and I realize this is strange - which do NOT evict the offending party.

The order runs out and they're back!

twinkiedooter · May 13, 2009, 01:07 PM

Originally Posted by Starcrossed

If you feel like your safety is in jeopardy I would recommend calling the police and have her removed. I wouldn't even worry about any possible civil litigation brought against you by her.

Please seek a "Protective Order" to get immediate relief. Here is information about them for your state:
Things You Should Know About Protective Orders

Good luck with this, and please keep us informed.

Protective Orders can back fire into the face of the person obtaining one. If anything protective orders can inflame a situation and make it much worse. I don't recommend getting one unless it is absolutely necessary.

You didn't indicate just how "awful" your roommate was other than she gets extremely angry or that you feared for your life or your roommate harmed you in anyway.

This situation would not call for a protective order just because you are disabled.

You should seek an eviction of this roommate first and then if the roommate retaliates with physical abuse, you call the cops and have them arrested.