my son is getting a divorce he is out of house that i own
she is still there
they dont pay rent only the bills
i want her out now
2006-06-15 07:00:59 · 34 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You will have to do an eviction just like any other landlord. It's the law.
2006-06-15 07:02:28 · answer #1 · answered by shehawke 5 · 0⤊ 0⤋
Talk to her first and tell her that you need the premises vacated because you are going to rent or sell the property.
Then, give her a 30 day written eviction notice via certified mail. After that, contact the tenant to inform her that her belongings are going to be removed from your house. Ask for the sherriff 's department help assisting you on an eviction. Rent a storage facilty and a truck , enroll manpower to move her stuff.
Make sure that you have an inventory and pictures of the stuff that has been moved and relocated and inform the tenant where her stuff has been relocated to with a copy of the inventory.
Then have the locks changed.
I just wanted to add that probably she doesn't have anywhere to g yet, so please be compassionate and patient, give her a reasonable dealine for her to find a place to live or consider renting the house to her.
Good luck
2006-06-15 07:54:33 · answer #2 · answered by Blunt 7 · 0⤊ 0⤋
Well she legally has rights. If she has been living there for four weeks or more consecutively then she has legal right to stay there until you take her to court to get her out. Also you say that she does not pay rent just bills. If she took that money for bills and called it rent would that change anything. The people who are telling you that because she is not with your son she has no right there are the people who need to learn the law. Look it up call your local precinct and ask. You can be fined even jailed it is considered an illegal eviction if you force her out without the courts behind you. First try talking to her and then do what you have to do legally!
2006-06-15 07:03:29 · answer #3 · answered by Nicole C 4 · 0⤊ 0⤋
You need to issue a very specific order to vacate. She is probably entitled to a full 30 days, although only a lawyer would be able to tell you for sure. But you should be able to issue the notice and at the end of the 30 days, get a Marshall (or whomever it is that does these sorts of things in your jurisdiction) and force the eviction. You may be required to take full legal action, so be prepared.
Another way is to put the house up for rent and tell her in written notice that she is liable for full payment of that rent, and that she'll be required to sign a proper lease/rental agreement.... Place the rent at the highest end of "fair market value" for the property.... More than likely when she finds out she has to pay real money to live there, she'll leave.
2006-06-15 07:10:03 · answer #4 · answered by Brutally Honest 7 · 0⤊ 0⤋
From my understanding you will have to file an eviction notice on them and serve both of them with it since they were living their as a married couple. You have to go throught hte whole eviction process. You can also serve a pay or quit notice if they ever paid rent and stopped. You can get them for back rent but is that what you want? Has she offered to move or just expects everything to work out? Does she know how you feel?
2006-06-15 07:21:59 · answer #5 · answered by amariac218 1 · 0⤊ 0⤋
You have to have her evicted - One way to help would be have the son move back in, she'll try and get a restraining order against him and you can bring to light that she is there because he was married to him and you were letting him live there rent free as a couple that has changed, so has the non-rental situation. You could also sell the house out from under her, to your son, and she would have to leave because she has no legal title to possessing of the premises
2006-06-15 07:13:02 · answer #6 · answered by steverenos 2 · 0⤊ 0⤋
It is sad that so many people are not willing to work at their marriage. It is a 24/7 job. It is not God's will that people get divorced. Do they have kids ? If so, why would you put your grandkids in the street. Have you no compassion.? If more people would read and follow the Bible and do as it says there would not be so much unneeded misery in this world. Pray to God that with help they could maybe work things out
2006-06-15 07:06:45 · answer #7 · answered by jk poet 4 · 0⤊ 0⤋
I would call the police and ask them to escort her out. If she refuses, you might have to take her to court, depending upon the laws in your state. However, if she doesn't pay rent, I think that should be reason enough for the police to handle it. You shouldn't have to go through eviction notice if she doesn't pay any rent. Good luck!
2006-06-15 07:03:35 · answer #8 · answered by rockinout 4 · 0⤊ 0⤋
Go tell her to move out, and give her a week or so to get that done. If that doesn't work, you will need to contact a lawyer, to see what your rights are. I know evicting someone can take some time, but she doesn't have a lease, so you might be able to kick her out.
2006-06-15 07:03:34 · answer #9 · answered by natex14 4 · 0⤊ 0⤋
Tell her to get out. Do like any apartment landlord would do and put a 20 day notice to vacate on the door and mail one to her as well, certified mail, so she can't say she didn't get it. If she doesn't listen, take her to court. I don't know why she would stay, though. I would think that would be an extremely uncomfortable situation mfor both of you.
2006-06-15 07:03:04 · answer #10 · answered by dewitthm 2 · 0⤊ 0⤋
Its your house. Ask her to leave. If she doesn't get the authorities involved. If she is not paying rent. She has to go.
2006-06-15 07:02:33 · answer #11 · answered by *♥*fabulous fab*♥* 3 · 0⤊ 0⤋