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jezzabelle · Jul 2, 2009, 12:48 PM

Hi, I recently moved out on my own for the first time so my friend said she would move in with me to help out with bills and such and so I wouldn't be lonely. I became the head of house hold, but when it was time to move in I alone paid for first and last months rent I paid the bills and groceries. We've now been living together for almost 7 months now and she has only paid me $400 in total for rent and everything else.( rent itself is $490) But now I haven't seen her in over a month and I can seem to get ahold of her to get her stuff out or pay me for any of the bills. What can I do to get her stuff out and to get her to pay me what she owes?

AK lawyer · Jul 2, 2009, 06:08 PM

Change the locks.

ScottGem · Jul 2, 2009, 07:23 PM

You to send her a pay or quit notice to start the eviction process.

amberkloss · Jul 3, 2009, 01:57 AM

What is a pay or quit notice? And how does that work?

AK lawyer · Jul 3, 2009, 04:45 AM

Originally Posted by jezzabelle

... I havent seen her in over a month and I can seem to get ahold of her to get her stuff out or pay me ...

Originally Posted by AK lawyer

Change the locks.

Originally Posted by ScottGem

and have her sue the OP for illegal eviction? Sorry not correct

If she hasn't been in the premises for a month, there is no way she can be said to be in possession of the premises. A lawsuit "for illegal eviction" (whatever that might mean exactly) is just not going to happen (and would be ill-founded even if it did).

An owner of a premises is entitled to take possession by self-help unless it can be said that the other person is in possession, either constructive or actual. See Black's Law Dictionary, forceable entry and detainer.

If you are the owner of real property, and a person renting that property disappears for a month, you are not required to get a court order to take possession.

Jezabelle, as far as getting rid of the stuff, different states have different rules for disposal of abandoned property. What state are you in?

And for what she owes you? You could sue her, but it may not be worth the trouble and expense.

ScottGem · Jul 3, 2009, 06:49 AM

Originally Posted by amberkloss

what is a pay or quit notice? And how does that work?

You need to go to your local housing court to get the exact process for eviction for your area.

Generally it goes like this:
1) Serve a Pay or Quit notice giving 3-10 days (depending on area) to pay up or vacate.
2) If they don't vacate by the deadline, you file for an eviction order in your local housing court.
3) A hearing is scheduled at which time the eviction order is given (unless she show up with some compelling reason why shouldn't be evicted which is unlikely)
4) If she is still not out be the deadline set in the eviction order, you hire a sheriff to physically remove her and her belongings.

The kicker to this is that you have not been able to contact her. So you have to check if there an alternative way to serve her the notice.

The fact that she still has belongings in the house means that she is still a tenant. And therefore, changing the locks or throwing out her stuff could leave you open for a lawsuit. So you want to play it safe and follow the formal eviction process. The only reason you might be able to get away without doing so, is if your local laws have some rule on abandonment. But I doubt is a month's disappearrance would qualkify as abandonment. But I would definitely check that with the local housing court.

ScottGem · Jul 3, 2009, 06:52 AM

Originally Posted by AK lawyer

If she hasn't been in the premises for a month, there is no way she can be said to be in possession of the premises. A lawsuit "for illegal eviction" (whatever that might mean exactly) is just not going to happen (and would be ill-founded even if it did).

An owner of a premises is entitled to take possession by self-help unless it can be said that the other person is in possession, either constructive or actual. See Black's Law Dictionary, forceable entry and detainer.

If you are the owner of real property, and a person renting that property disappears for a month, you are not required to get a court order to take possession.

Jezabelle, as far as getting rid of the stuff, different states have different rules for disposal of abandoned property. What state are you in?

And for what she owes you? You could sue her, but it may not be worth the trouble and expense.

Again I disagree. The fact that she has left belongings there indicates she still is "in possession". As I mentioned, there may be laws about abandonment of property in the OP's locality that might give her the ability to consider her as no longer a tenant. But I doubt if a period of about a month would qualify.