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picasso · Feb 7, 2007, 07:22 AM

Can you evict someone you are living with that pays no rent or signed a lease. She will not let this person who owns the home back into his residence. She as changed the locks on the home an the storage shed. Can he evict her without and notice.
Thanks

RubyPitbull · Feb 7, 2007, 07:41 AM

Eviction laws are different in each state. Is the woman a girlfriend or a tenant who refuses to acknowledge the owner's requests for lease renewal and payment of rent?

My suggestion would be for your friend to contact the local sheriff's office or police dept to find out what his options are. If this is his girlfriend, your friend may very well be able to get their help in removing her without having to go through court. She does not have a legal right to change the locks or keep him from entering his residence if he is the sole owner.

ScottGem · Feb 7, 2007, 07:45 AM

I'm confused. You are saying the girlfriend changed the locks and won't let the home owner back in the house? Yes he does need to go to the police, she has, in effect stolen the house and that's a crime.

landlord advocate · Feb 7, 2007, 10:45 AM

There has to be more to this story. I don't think we have all the facts. Please provide more detail so that we can give you a more complete opinion.

picasso · Feb 7, 2007, 03:03 PM

The girl is my son's . (now ex girlfried. He has not lived at his residence for three months. Every time he tries to get her out she told him she would call the police and have him arrested for abusing her, and also said she will kill him and send him to me in a body bag.. She is extremely jealouse. While visiting me two years ago she became outraged because my son and I were having a private conversation, and told my son they were leaving immediately. I have thought about buying his residence from my son and having her removed. He does not want to return t his residence because it just makes her go into a rage. I will do anything that is legal to have her removed from the residence. Any suggestions would be most grateful.
Thanks.

landlord advocate · Feb 7, 2007, 03:36 PM

It isn't up to you to do anything. Your son is an adult, the owner of the property, and only he can make decisions. If he wants her to leave, he needs to put up a 3 day eviction notice. He should mount one to the door, send another by certified mail return receipt requested and another by certificate of mailing. Be sure he keeps a copy for himself. If you have difficulty with the wording on the eviction notice, let us know and we will provide the wording. If the girlfriend does not show up for court, he will win by default. While he is standing in front of the judge he should ask for a "writ of execution". I doubt that she will just walk away, so your son should plan on having the bailiff come and put her on the other side of the door. Your son should be ready to change the locks after the bailiff does his job.

There are other ways to do this besides eviction. He could go to the police with title in hand and ask that the intruder be removed from the property. This is a more immediate action, but I think it will only make the girlfriend more inclined to make trouble.

I still wonder if there isn't more to this. If your son really really wanted her out, or if he had nothing that she could blackmail him with... he would have had her removed a long time ago. Thoughts?

ScottGem · Feb 7, 2007, 06:43 PM

I agree that your son should so some backbone and take action. There is no telling what damage she is doing to his home. This is not an eviction since she is not a tenant.

I say go to the police and tell them she has stolen his house. Go with proof of ownership and tell them that all his attempts to get back into his home have met with threats.