Here's a somewhat related question.
If female friend of mine who I have been romantically involved with asks to stay at my place for a few days while she is travelling through, but then decides she doesn't want to leave, do I need to go to court to evict her?
Depends on the state. Here if it is a week or so and she is clearly living out of a suitcase, no. If she has "her" drawer(s), her own keys, her television is the one in the bedroom, then as little as four or so days, depending on other factors, and she has established residency and needs to be evicted.
A common one here is kid invites a boyfriend or girlfriend over and they live together in the apartment for the school term, and the relationship goes south, as they often do for 19-20 year olds. Party on the lease stamps their foot and demands the cheater be removed from the apartment, bacause "I am on the lease and they are not". Parents get involved, because they are paying the rent and why can't they kick out the micreant who is not on the lease? Because a misguided, uninformed decision allowed the no longer sweetheart to establish residency, in spite of the lack of a lease, which gives them rights.
Another common theme is a young man getting laid for the first time and gives his sweetheart a new Mac laptop. That his parents gave him to take to college. Not a cheap decision. Relationship goes south, and parents find out, and the former sweetheart does not want to return the Mac. Now parents want the cops to retreve the laptop, or charge the former sweetheart with theft. Young man does not have the password to get into the computer, and all the emails, syllibi, and homework on the hard drive belong to the former sweetheart. Gift, theft, or embezzlement will now be decided by a judge. Don't care that mom has a receipt and warranty information. She can show all that to a small claims judge and try to get the judge to see things her way.
pat
I work one county south of Lon and our prosecutors and judges decided that if one parties name isn’t on a written lease, he or she has to go when told.Originally Posted by Lon
Wish that was the case here. Would be AWESOME.
Formerly known as xpd54.
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Would certainly make decision making much less convoluted here.
pat
Guests or children overstaying their welcome? Refer to Rich's RFI: Steel Toe Shoes thread and apply appropriately to unwanted ass.
"You can't win a war with choirboys. " Mad Mike Hoare
In NY, the “Supreme Courts” are the county-level trial courts. The top court in NYS is the Court of Appeals.
Damn the iPhone Typos!
Last edited by Stephanie B; 05-24-2018 at 12:20 PM.
If we have to march off into the next world, let us walk there on the bodies of our enemies.
Maybe.
In my state, if she has a contractual interest in the property she must be evicted. This has been *very* broad in it's interpretation, and does not require a written contract. It can be as simple as "ok, you can stay if you wash the dishes". You've now established a contract and the person has to be evicted, even if they didn't wash the dishes.
Sorta around sometimes for some of your shitty mod needs.
Well, you can probably tell her to GTFO, but if she refuses, then yeah, you’re probably going to have to go to court.
If you call the cops and tell them that she’s trespassing, they’re more than likely to tell you “that’s a civil matter” and you’ll have to go to court anyway. Packing her car full of her stuff and locking her out of your house is “self help”, and courts often really frown on that.
And you’ll need to do it fast, because shoot for she gets an inkling that you’re going to evict her, and if she has any idea how to work the system, then she’ll go down to the courthouse and file for an ex parte protective order. Which generally means that the deputy sheriff will come by, serve it on you, and you’ll have to leave your own house until the hearing is held on the protective order.
Then there are issues of what sort of notice that you have to give her to vacate, how is it served upon her, and all that is state-specific.
The bottom line is that this is a really easy area to screw up, so if she won’t leave, find a good attorney who has experience in landlord-tenant matters.
Last edited by Stephanie B; 05-24-2018 at 07:39 PM.
If we have to march off into the next world, let us walk there on the bodies of our enemies.
Could be worse....
Attachment 26575
Saw a story about dude and his partents on TV and looking at the parents, I can just her them saying "...I don't understand how this happened. He was such a good child. You should see all his participation trophies... "
Last edited by NEPAKevin; 05-25-2018 at 12:45 PM.
"You can't win a war with choirboys. " Mad Mike Hoare
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