Kicking out my brothers girlfriend; no lease involved?

Question

I am currently in a situation. My dad is the owner of the house that my brother, his girlfriend and me. We each split the rent and the bills. We are not under any lease, contract, verbal…..just we know that we pay the space lot and utilities, while my dad pays the mortgage.

My brother, his girlfriend and I all live at my dad’s house. My dad does not live there but pays the mortgage while we all split the space lot and utilities. (We would just write him a check each month)
The cable bill is under my name and the space agreement and all other utilities are under my dad’s name.
The living situation with my bothers girlfriend is NOT working out. She already threatened to beat my up and to smash things in the house (which I have on video). My dad also wants her to leave cause of the problems that keeps accruing. She disrespects me and I had an enough. I want her OUT. He even talked about asking them (brother and her to leave)

What can my dad or I do to make her get out.

Thank you,

Iwantherout

Thank you all for your quick responses….

I would LOVE to be the one who escorts her out (more like grab her by her hair. And throw her out....LOL)

I guess my brother still wants to be with her considering that he is still with her after this whole blowout last weekend. That’s why it is so hard right now (biting my tongue)

My brother cannot not stand up to her...she is only 18 years old...just graduated high school.....I don’t get it…!!!

I would love to press charges for the threats, but my bother is still dating her. I do not want to sever the relationship with him.

It is to the point where I have a lock on my bedroom door……I feel as though my “nice” things in the house are not safe. The whole house is furnished with my things (ie big screen in living room, couches, tables, computer desk and sadly my bedroom is far too small to accommodate my items)

The only mail she gets at the house is junk mail…..no bills what so ever considering that her mommy and dadd

Answer 1

Take no lease, add the fact that her name isn't on any of the bills showing residency, throw in a splash of verbal harrassement equals kick her out. She has no rights to residency. If you think it may be that much of a problem, you can call the police and ask them to stand by as she gathers her personals and leaves the residence. Now you will have a case report to add to the recording of the verbal threats.

Answer 2

There is no binding contract which would keep her there. The only thing you need to do is call the police, and have her escorted out. In many states, however, a 30 day right of notice policy is in effect, and even if they have not signed a lease, they must be given 30 days to pack up, find a new place, and get out. Generally that only applies if they have been living there for more than 3 months, but state to state, it varies. The police will know, and they will not ask for a written statement. The owner of the house MUST be the one to inform the authorities, though.

Answer 3

Don't waste time with the police. This is purely a civil matter and they cannot intervene. She does have a limited right of occupancy as it's her residence as well as yours.

The ONLY legal way to get her out if she refuses to leave voluntarily is for your father to start eviction proceedings against her. Since there is no contract, she's considered a month-to-month tenant. The first step for him is to send her a written Notice to Quit. Most jurisdictions require 30 days notice, spanning a full rental period -- one month in this case. If he gave her notice today, it would be effective on August 1st. This should be addressed to her personally and sent via Certified Mail, Return Receipt Requested.

If she fails to vacate by August 1st, he would then need to go forward with formal eviction proceedings through the courts. From this point onwards the procedures will vary by jurisdiction. The Clerk's office at the local country courthouse (or Superior Court in CA) can advise him how to proceed. There may be filing fees but he can usually ask the court to award those to him as part of the eviction case.

Once the case is filed, he'll have to arrange to have her served with the court papers. Sometimes the Clerk's office can arrange this. Other times you may have to hire a process server but the Clerk's office can advise on this as well. Once she's served, she will have a few days to answer the suit. Once that time expires, the case will be put on the docket. Most jurisdictions provide for quick dates on eviction cases. If she answered the suit and contests the eviction she'll have her day in court. If she didn't answer or fails to show, an eviction order will be granted by default. If she does show, the judge will hear both sides and decide. On a month-to-month tenancy that will usually go in the landlord's favor even if there is no reason given for wanting the tenant out. In some jurisdictions you'll need to enter evidence of her behavior to get the order -- NY and NJ commonly want a good reason such as that unless the landlord is going to occupy the unit as their primary residence.

Once the eviction order is granted she'll be given a short time to clear out. If she fails to do so, the Sheriff will forcibly evict her and place her belongings on the curb.

Typically this sort of eviction takes 60 - 90 days to complete but that can vary widely.

IMPORTANT: I am NOT an attorney and this is NOT legal advice! This is a VERY general summary of how evictions typically work based upon my experience as a landlord and having been the subject of an eviction case many years ago. The exact procedures will vary from one jurisdiction to the next. The local court Clerk's office or a local attorney can advise you of the correct local procedures to follow.

One warning. Do NOT attempt any "self-help" eviction tactics such as locking her out or throwing her things into the yard or the street! That is illegal and is a crime in many jurisdictions and can land the landlord in jail!

Answer 4

She sounds like a real winner. Her name is not on anything therefore your dad has the right at anytime to get rid of her although if she has already paid her amount for this month she should be advised immediately that come July 01, he wants her out of there. If its really bad and you want her gone immediately give her a couple days to pack her things and then give her a pro-rated reimbursement. If he has any problems getting her out of there talk to your local police, they will come and escort her out. But how do you know your brother wont have her over all the time if she does leave?

Answer 5

whilst he leaves, substitute the locks. undeniable and straightforward. He would not have any rights there because of the fact that he's not on the hire and you 2 are actually not married. positioned his stuff exterior the door top till now he gets domicile and then lock it. If he throws a extra healthful, call the law enforcement officials. Legally, you could throw him out and alter the locks. merely verify he has his property so which you do not get in difficulty from retaining his property. he will discover someplace else to pass, like his mothers and fathers or a chum's place. he's not your accountability especially because of the fact that he's abusing you whilst pregnant. you do not could legally evict him. the area is on your call.

Answer 6

if she has established residency there it will be some what difficult to get her out of there at least thats how it is in Florida. Once someone starts receiving mail, getting bills, etc. it is very hard to remove them without a judge and long court battle.

Answer 7

Talk to your brother and tell him about yours and your father's concerns. Tell him that it's not a reflection upon him but rather as a result of her actions. Tell him you wanted to talk with him so the process could go smoothly and there wouldnt be anymore drama. Good Luck with GettingHerOut. Above all else if that doesn't work call the cops. If she's as crazy as you insinuate, it would be a good idea to have your father (property owner) there.

Answer 8

let her stay till her share of the rent is up then tell her she has to go. I think you can give her like 2 weeks notice. or like, if she is paid for this month, tell her that she needs to find another place by the first of next month. and if your brother gives you any hassle tell him the same. there are alot of ppl out there looking for a place to live even if it means sharing the rent.

Answer 9

If they don't have a lease, you tell them to get out; if they don't get out, then your dad calls the cops, and the cops make them leave. Without a lease or some proof of ownership, they have no rights.

Answer 10

Call the police and explain the situation. They will take her out. Threat is not acceptable and against the law. You have proof, show it to the cops.
Good luck and update us when you have result...