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Lawrence M | What do i need to do to get my girlfriend out of my apartment? |
I have had my apartment for 5 months. My girlfriend moved in with me as soon as i signed the lease. I agreed to let her stay as long as she paid half of the rent. Since then she has only paid for 3 of the 5 months she has been there and everyday i find myself arguing with her. I am at a point where I don't want to be with her anymore. I tried to call the cops to get her out but they told me being that she paid rent i was not able to kick her out without going to court. I feel as though that is BS, her name is not on a lease and it has been 45 days since she paid me anything. My questions is, is this something that really requires me to go to court? I spoke with my landlord and they told me that they were willing to change the locks on my apartment, would it be against the law if I were to do this. If so what would my other options be. I really would like get this resolved as quickly as possible this women is driving me crazy!!!!!!
Additional Details
there was never any written agreement between me and her i never said she had the right to stay there for any period of time. |
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JSB
 |
I don't know the laws in your state, but I do know if you moved a girlfriend in after signing a lease, you would both be evicted for violating the lease.
This should be good news for you, WHY.......?
She is not on the lease, she is NOT a legal tenant. I don't care who paid the rent!! If she wants her money back then SHE needs a lawyer, and SHE NEEDS to take YOU to court.
Have the landlord change the locks, put her things in storage, and only pay one months storage fee. Make sure you tell her where her things are.
Legally SHE IS NOT A TENANT! She did not sign the lease, her name is not on it. She could be considered a transient guest, at the very least.
The police are wrong, they can and should make her leave, especially after you show them YOUR COPY of the lease. |
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Landlord
|
Yes, it would be illegal to change the locks. The police would literally arrest you if you failed to give her a key.
The fact that she is not on the lease doesn't mean squat. Your apartment is her legal residence and you can not simply throw anyone out of their legal residence.
You need to evict her and get a court order, just as if she had a lease. No one can simply kick a person out because they did not pay rent. If that were the case landlords would do it all the time, trust me, evicting is a PIA and costly. |
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kingstubborn
 |
You need to go to court, and you are fortunate that your landlord is not taking action against you for moving someone not on the lease into the unit. If they change the locks without giving her a key, they will simply be putting themselves into trouble with you.
Being that you are the "landlord" since you allowed her to move in, you probably won't get help from Legal Aid. Also, as long as she is paying a share of the rent, you will have a hard time evicting, but now that she is late, you can provide notice to terminate the "lease" you have with her (it is an oral lease) for non-payment of rent. |
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DannoREA
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Since she paid you money, that makes her a sublessee. As such, you started her on a month to month lease. Depending on your states laws, you will need to notify her in writing at least one billing cycle before she is to vacate. Be sure to send it certified mail, return/receipt requested (CRRR) so you'll have proof that you tried to let her know she needed to go. |
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zowskee
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Pack her things and bring it to a friends house! Then change the locks. |
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justcurious
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Have you put anything down on paper?
It seems to me that you can boot her out and change the locks. Maybe pay for storage space and bring her stuff over there? That seems crazy that you'd be stuck with her in there! |
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mande
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The cops are telling you crap so they don't have to do anything.
Give her an official eviction notice in writing that you are kicking her out, and tell her if she doesn't move, you're going to put her stuff in storage and lock her out.
This way nobody can claim later that you kicked her out illegally.
Your landlord doesn't have to go to court to kick YOU out, so you don't have to go to court to kick HER out! |
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Peapop
 |
I would give her a letter telling her that her time is up in 30 days...rent a storage unit for 1 month, put her belongings in it and give her the key...change the locks, her things are protected and she can't accuse you of destroying them...if it does go to court...you have proof...her name is not on the lease...she has no right to the apartment ....good luck |
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Trouble
 |
Offer her $$$ to move. Once she has removed all of her stuff and given you back her keys, give her the $$$.
Otherwise ...
Your girlfriend is actually your month to month tenant.
If she has not paid rent, you need to serve her the proper notice to quit due to non-payment per your state's landlord/tenant laws. Then follow through with eviction through the courts.
If she pays the rent owed, you would need to first properly terminate her month to month tenancy (in writing) per your state's landlord/tenant laws and then evict her if she fails to move.
The police are 100% correct. You need a court order in order to throw her out.
If you change the locks, remove her belongings or try to force her out in any other way, she will be able to sue you for an illegal/unlwful eviction ... and win. |
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carrieazgirl
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pay her back the money or i think you are sol |
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Fck_The_BCS
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Does she have any friends. If so, have sex with them. |
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bbrown
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You allowed her to move in without the mindset of commitment. You seem ill prepared, what will you do when your partner has a child and needs you to carry the financial burden while she has the baby burden.
Yes, shacking up is a step to marriage and kids!!! Duh! You offered a commitment (as a lie to get help with rent and sex on tap) you're the fraud, and the fact that you would toss this woman on the street is disgusting. How can you treat someone your intimate with this way.
You're no man, and have a lot of growing up to do. I hope you're under 25, otherwise I feel sorry for you. |
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