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cmccanles · Dec 12, 2011, 09:06 AM

I let a friend stay with me as she had no place to go with her two kids age seven and seventeen. We had a verbal agreement she would pay half of the electricity bill and water bill as I am a single person. She pays whenever she feel likes it and not the total amount. I since have moved out of that house to a new location. Crying that she has no place to go, I agreeded to let her stay for the month of December for $600 (inclusive) after she said she couldn't pay half of the rent. ($1650). She gave be a check for $600 on the first which bounced. She claimed there was a problem with her checking account and she couldn't pay until the December 9th. She is now disputing the amount of the electrcity bill from the previous house. She still owes me $145 for this bill. I'm happy to give her money back for her to leave. She does not receive mail at my house and she has become verbally abusive. What steps can I take to get her out?

LisaB4657 · Dec 12, 2011, 09:09 AM

Since she's made (or attempted to make) payments she would be considered a tenant and has to be treated as such.

You need to give her a written notice stating that her tenancy is terminated. You didn't say what state you're in so I can't tell you the exact time for the notice but you should be okay if you give her 30 days.

If she hasn't moved out by the end of the 30 days then you have to file a lawsuit for eviction.

Good luck!

smoothy · Dec 12, 2011, 09:13 AM

Have her served for Eviction in writing... 30 day notice... that way you have a paper trail in writing... and if she doesn't leave you can then file in a court to have her forcibly removed by the sheriff.

She's a moocher and a leech. THey are very skilled at playing on peoples emotions to take advantage of them...

Now if she is abusive... call the police... but still proceed with the eviction... the police might remove them sooner, particularly depending on the degree of abusiveness.

I assume this is in the USA.

Also... revisit who and why you consider someone a "friend". Real friends don't treat you as she has...

And remember this lesson before you let anyone else ever move in with you in the future.

smilingfun · Dec 12, 2011, 01:04 PM

I"ve been evicting people for almost 10 years now. I"ve come across all kinds of whackiness! One time I had a tenant leave town--call me and say she was gone--I go to the property and a man and his father were there. Turns out the man was a known drug dealer. Long story short, I waited for him to come out of the house, I called the police and told the police he was tresspassing. He was not on the lease and I'd never met him before. Turns out, the police would have tresspassed him EXCEPT his letters from the probation department were going to that address, so when the police asked him if he had a piece of mail with that address, he enthusiastically took the letter out of his pocket.
Nuts. Then it took me another 3months to finally get him out of there!

The moral to my story is that you might be able to file a restraining order on her or tresspass her off the property if she is not on a lease and doesn't have any proof to show she is living there. I don't recommend going that route because you'll have to be sneaky and tricky, but if you don't try that, then you have to evict her like she was a tenant--serve her a Pay or Quit and just follow the steps applicable in your area.

Fr_Chuck · Dec 12, 2011, 01:36 PM

Originally Posted by smilingfun

The moral to my story is that you might be able to file a restraining order on her or tresspass her off the property if she is not on a lease and doesn't have any proof to show she is living there. I don't recommend going that route because you'll have to be sneaky and tricky, but if you don't try that, then you have to evict her like she was a tenant--serve her a Pay or Quit and just follow the steps applicable in your area.

If she is not tresspassing and if there is no legal reason to file a retraining order those would be illegal. It is against site rules to recommend illegal or unethical actiities.

smoothy · Dec 13, 2011, 12:45 PM

Not to mention if you give her a pay or quit... and she pays up... then the eviction is on hold.

Avoid any pay or quit... you don't want someone delaying the time to get them out... go straight to a written and properly served 30 day notice to vacate. You won't collect any money.. but that's the most quick legal way to throw her out. And people like them... generally know how to game the system. Anything else will likely delay getting them out.

ballengerb1 · Dec 13, 2011, 08:12 PM

Great discussion here but she was a tenant even if she never offered to ap a dime. You greatly contributed to allowing her to take advantage of you but you have to end it by following the law. Sounds like maybe you where renting this place, right? If so, you are gone and the owner will evict whoever is living in the home. Maybe I am missing something but your lease was up, right?