How do I get my girlfriend out of my condo if she refuses?
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How do I get my girlfriend out of my condo if she refuses?
She pays no rent and there is no lease or rental agreement between us.
Asked on December 28, 2011 under Real Estate Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If pays no rent, then in most states she will be consider to be a "licensee". That is someone invited to enter and remain on the premises (i.e. long term guest). Now that her "license" to stay has been revoked she will need to be evicted if she will not voluntarily leave. You must give her notice to vacate. If she fails to move out by the date specified, then you will have to file an "unlawful detainer" action (i.e. eviction lawsuit). Once the court issues a writ of possession (or your state's equivalent) and she still fails to move out, then you can have the sheriff remove her.
In the meantime, do not be tempted to use self-help measures such as removing her personal belongings or changing the locks. You could face a lawsuit yourself for illegal eviction.
At this point, you should consult with a an attorney who specializes n landlord-tenant cases, they can best advise you regarding legal procedures for all of this.
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