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    belgrade's Avatar
    belgrade Posts: 2, Reputation: 1
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    #1

    Jan 24, 2011, 07:38 PM
    How do I evict a roommate that is in jail/treatment
    I gave my roommate notice on December 17, 2010 that she needs to move out by January 31, 2011. The lease she signed is month to month. Now she is either in treatment or jail or MIA. She is suppose to be out in a week. But not here and I'm worried she may not be home all week. Her phone is off and her work will not release any info to me. She has no family in the area nor do I know her boyfriends last name to even find his number. What can I do, pack all her stuff up and put in garage? Change locks? Put her stuff in storage? All this stating that by next Tuesday her stuff is still here. Thanks
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Jan 24, 2011, 07:42 PM

    You have not evicted her yet. You gave notice but on 1-31-11 if her stuff is still there then you can start the eviction process, you just did step #1. Keep in mind that when evicting a MIA there are processes to follow like a public notice in the newspaper since you know you can't send her mail. Check on your state statutes
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 24, 2011, 08:30 PM

    Yes, your notice does not "evict" them, it only allows you to start the court process.

    So now you have to go to the court house to file official eviction paper work, then they will set a hearing date, attempt to service him, there will be a hearing, and they will set a date to set him out.
    belgrade's Avatar
    belgrade Posts: 2, Reputation: 1
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    #4

    Jan 25, 2011, 07:50 AM
    During the eviction process do I have the right to box up all her stuff and stack in a room so I can use all my space in my house, considering I don't have rent from her.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #5

    Jan 25, 2011, 04:28 PM

    Yes you can box her stuff up but it must remain inside the residence. Basement, attic, etc... anything attached so if you have an attached garage its good too. Detached, no, sorry
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