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Journey Indiana · Jul 29, 2011, 11:52 AM

I have ask my ex-girl friend and her son who is on SSI to leave my house. She contacted a lawyer and is allow to stay in the house until Dec. when we see a judge?

What are my rights right now?

tickle · Jul 29, 2011, 11:56 AM

Her laywer said (but do you actually know that is the truth, have you checked, have you spoken to him, is there a legal missive regarding her staying until December) till December and see a judge then. I guess you have to wait for the court date in December. Those are your rights at the moment. If you can't stand the site of either one, then I guess you can always go stay somewhere else until that date.

I don't want to know the particulars, but you are not in a good position right now.

Tick

smoothy · Jul 29, 2011, 11:58 AM

If YOU own the house... have them served with a written 30 day notice for eviction... by a process server, at that point you can have a court process the actual eviction where a sheriff will physically remove them and their property from the residence.

Now if they act in a threatening manner do NOT hesitate to call the police... the police will take them away and you can get a restraining order against them to prevent them from returning.

Perhaps if you explain what court gave them until December and why?

Journey Indiana · Jul 29, 2011, 11:58 AM

She is not working and eating my food and when my son and daughter comes and stays she is awful. So, I have to put up with this for 5 months?

tickle · Jul 29, 2011, 12:00 PM

Originally Posted by smoothy

If YOU own the house...have them served with a 30 day notice for eviction....by a process server, at that point you can have a court process the actual eviction where a sheriff will physically remove them and their property from the residence.

No if they act in a threatening manner....the police will do it and you can get a restraining order against them.

Smooth don't you think that is extreme. G/f has already contacted a lawyer who says, etc. etc. How can you advise this if you don't know the particulars.

If they are waiting for a court date to solve this (so the OP says), then how can he kick them out on a 30 day notice?
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Tick

smoothy · Jul 29, 2011, 12:07 PM

Originally Posted by tickle

Smooth dont you think that is extreme. G/f has already contacted a lawyer who says, etc. etc. How can you advise this if you dont know the particulars.

If they are waiting for a court date to solve this (so the OP says), then how can he kick them out on a 30 day notice?
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tick

Because unless a court ordered a stay until a hearing Or he signed an agreement with that lawyer agreeing to let them stay until December... his rights to evict still stand.

And eviction is the correct legal process required to remove someone from a property or home.

The particulars really don't matter. Homeowners don't typically get signed leases for their live-in girlfriends. Thus its legally a month to month lease even without cash exchanging hands... and a visitor, family member or someone you rented a room to that's not paying... the process is the same. If you want them out, and they won't go... Eviction.

smoothy · Jul 29, 2011, 12:15 PM

Originally Posted by Journey Indiana

She is not working and eating my food and when my son and daughter comes and stays she is awful. So, I have to put up with this for 5 months?

If you didn't sign an agreement allowing them to stay until December... file to have them evicted, her talking to a lawyer changes nothing... unless you signed an agreement with that lawyer, or a judge issued a ruling allowing them to stay and mooch until then, it's a stall tactic. Make sure you do it according to the law. I'd pay a lawyer to have it done so you don't make mistakes. It would be cheaper for you in the long run.