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vyp52 · May 21, 2014, 07:47 PM

I had surgery and asked an acquaintance to help me out for a week or two. We discussed possible becoming house mates. We agreed if it didn't work out we would say so and she would leave. It didn't work out in less than a week. I asked her to leave and she went nuts. She was trying to move a bed and dresser into my house and I told her no. I did let her put it in my garage as she said she had no place to put them yet. She got so loud yelling and name calling I called the police who told me she didm't have to leave because in SC if you let someone into your house they can stay without a lease! She finally took her personal belongings, but now I have her things in garage and I want them out. What can I do to keep her out of my life?

Fr_Chuck · May 21, 2014, 08:56 PM

Stop asking police officers civil law. Lease or no lease . Once they move in. Normally you have to evict them.

ScottGem · May 22, 2014, 04:57 AM

The police are not the best sources of law, especially non criminal law. But since you did agree to let her move in, you effectively made her your tenant. That doesn't mean she can stay, it just means you have to get her out using a legal eviction process. This generally means, a written notice to vacate within the statutory time (usually one month). Then if she doesn't vacate you have to go to court for an eviction order.

Now it sounds like she did leave. Since you initiated this, I would suggest you give her some time to get settled somewhere else then give her a time frame to remove her belongings or you will consider them abandoned. I would give her at least 60 days.

smoothy · May 22, 2014, 05:08 AM

Don't waste time... serve her with a 30 day notice to vacate ASAP.

So, let me get this straight... she has no personal property inside your house right now.. and she isn't staying in it... but she does have stuff in your garage?

I'll let the more experienced people than me comment on the legality of it better, but it would appear if that's the case... she left on her own, but abandoned property.

If that can be reasonably argued... you should be able to change the locks because if she already left... its not a constructive eviction... and if the property is abandoned... after giving notice to retrieve it... and she doesn't. You could move it into a storage facility under her name, pay the first month rent, and tell her where it is along with the key... then it would become her problem.

BUT... depending on nuances and specifics of the situation... you might or might not be able to get away with it.

First thing that needs clarification... when was the last time she was actually in the house and slept there? (determines if it can be argued she left on her own)

How long total has it been since she first came to stay ? (Determines if she has been there long enough to no longer be considered a guest but a tenant).

ScottGem · May 22, 2014, 06:00 AM

Originally Posted by smoothy

How long total has it been since she first came to stay ? (Determines if she has been there long enough to no longer be considered a guest but a tenant).

I thought of that, but because of this:

We discussed possible becoming house mates. We agreed if it didn't work out we would say so and she would leave

It looks like there was an agreement for her to move in. Its not like she was invited as a guest and decided to stay for an extended period.