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mccartj3 · Dec 25, 2007, 09:12 AM

My brother has a girl friend living in his home who he invited to stay with him after her landlord served her with a 3-day eviction notice. Now he is trying to get her out but she has called the police on him and the police told him that he cannot just put her out because she is a resident in his home and he would have to file eviction papers to get her out. She has never paid any rent or expenses in his home, therefore she is not a tenant in the true sense. How can he get her out of his home, because the court has said she has to be a tenant for him to file an eviction notice?

Thanks

s_cianci · Dec 25, 2007, 09:17 AM

I'm not sure the police informed you correctly. He should tell her to leave one last time. If he doesn't then he presses criminal charges against her for trespassing.

excon · Dec 25, 2007, 04:39 PM

Hello mc:

In legal terms, she is either a tenant or a guest. If there's the slightest question, the cops will come down on the side of the tenant/guest/whatever. They don't want to be involved in a false eviction lawsuit. The cops, however, aren't judges and are often times wrong. Nonetheless, if they won't put her out, you can call the cops all you want and they're not going to put her out.

Therefore, you have to sue her for unlawful detainer, which is an eviction. Don't get your legal advice from the clerk of the court. File it, and I don't care what they tell you. IF, when you get in front of a judge, HE tells you that she's not a tenant, then she's not.

If that happens, take the court order down to the doughnut shop where you'll find your lazy good for nothing cops. Give them the court order, and tell them to do their job.

excon

Fr_Chuck · Dec 25, 2007, 05:00 PM

First the police have no place in this and can not tell you who you can or can not kick out of your home, even if they were a legal tenant, the police can not do anything, since it is a civil issue not a criminal one.

So basically the police don't know the law normally and often interfere wrongly. But also the police will not put her out anyway, you would have had to basically lock her out and say she is crazy she don't live there.

So now you go to court and evict her,