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uparadise · Oct 2, 2012, 03:16 AM

My girlfriend and her son been living in my house for past three month, resently we having been getting along, when I told her she needs to move out she attack me, I try to call police first she took my phone, then she called police and they came in and arrested me. Judge released me and knew it wasn't me. Now she is my house I don't want to go back there just in case she try to do something, what are my right as a home owner

Fr_Chuck · Oct 2, 2012, 03:23 AM

Since you have no real evidence of her attack on you, Assuming she has not written lease or agreement, you give her written notice that she is being evicted, if she does not move out, You will take her to housing court to formally evict her.

The amount of time depends on your location, it averages about 30 day notice, but some areas will be shorter and some longer.
Since there is already police involved, I would use an attorney for this.

ScottGem · Oct 2, 2012, 05:07 AM

Since she called the police and filed a false report, you might go back to court and ask for a restraining order. This could force her out sooner. But otherwise you do what Chuck said and give her written notice to vacate.

joypulv · Oct 2, 2012, 05:53 AM

You REALLY do need to go back to your house and as quietly and calmly as possible make it clear that it is your house and she must go. Bring someone with you. Do you have a relative who can live with you for a month?

AK lawyer · Oct 2, 2012, 08:03 PM

Originally Posted by joypulv

You REALLY do need to go back to your house and as quietly and calmly as possible make it clear that it is your house and she must go. Bring someone with you. Do you have a relative who can live with you for a month?

Exceedingly poor advice, in my opinion. That would be asking for another assault charge, witness or no witness.

Do not talk to her. Write a notice to quit, as Fr_Chuck and ScottGem suggest. Then send it to her certified mail or hire a process server to get it to her.