Boyfriend trying to evict girlfriend, no lease, girlfriend refusing to leave
Boyfriend trying to evict girlfriend, no lease, girlfriend refusing to leave
I am helping a family member in an attempt to evict his girlfriend from his home. He owns the home, there is no lease between the two of them. They have two children together. They have an on-and-off again relationship, 3 or so years ago they once again tried to reconcile. She moved back in to John's home. It was OK for a while, but they began arguing again all the time and for the past year it has been a daily, constant battle. The relationship has broken down to a point of John living basically in his 10 x 10 bedroom, (out of a 5-bedroom house). She screams and fights with him on a daily basis. He tries to simply avoid even seeing her because the two teen girls do not need to see the arguing. John has asked Chris (his girlfriend) to leave many, many times. She refuses to go. She is a nurse and has the funds to seek alternative housing. John has continued to pay her child support even while they all lived under the same roof, so she can't claim he is behind on any support or the such. She has sole custody of their two children. John would love to have the girls stay with him and just have Chris leave, but there is no way she would let that happen, she wants that child support to badly. He understands this is just the eviction process and any custody issues are for a different court. The girl's are teenagers and understand their father isn't throwing them out in the street, that their Mom has a good job, makes good money, can afford an apartment, just like she did last time they broke up, and he pays her a large amount of childsupport. They are not mad at their dad for starting eviction on their Mom. They just don't want to listen to the fighting any more.
We went to the courthouse, she has been given a 30-Day Notice to Quit. She left him a note stating, "get ready for court, this notice doesn't mean didly". When the 30 days is up, we will go back to court, and get her served and set the date to go before the judge. Won't that be it, at that time, the judge will ask John why he doesn't want Chris living there anymore, he will say she is argumentative and that they were unable to reconcile their relationship. The living environment is intolerable. She has also brought in two dogs, without the home owner's permission who are destroying his home. Those were the reasons stated on the notice to quit, emotional distress and two dogs. John owns the home, Chris has no claim to the property, she was a month to month tenant (she never contributed to the house payment or the taxes). Is there any way the judge could force John to live with someone that makes him miserable? Won't the judge tell Chris she is evicted and has 30 days to vacate? How can someone stay in a home they don't own and aren't wanted. The two lawyer's I spoke to on the phone said John would have to get an attorney or he might not get the eviction against Chris. That he would need to know the specific statute of point of law to argue or the eviction might not be granted. That sounds crazy to me, but I didn't go to school for all those years, nor pass the bar.
Please help me with any advice. I don't want to steer my cousin wrong. If he truly needs an attorney to simply evict a girlfriend from his home, i will tell him to get one. If this is an every-day eviction, just follow the steps given to us at the courthouse, we will follow the steps and wait for out day in court and the judge to rule against Chris (the girlfriend/tenant).
What ever the worst case scenario is...Chris will take it to that. She is mean, vindictive and will drag this out in any way just to be spiteful.
Since she failed to respond to his 30 day notice, the next step is for John to file for an eviction through the court system. This is typically a fairly cut and dried process; Chris has no financial or legal ties to the house that is owned by John.
The judge might possibly ask if the children (who are teens) will be taken care of financially with this breakup. John can report that he pays child support to Chris for their upkeep.
Month to month tenancies can typically end when either party gives the allowed amount of notice for their particular state. No reason for the termination (for example, failure to pay rent) need be provided in a month to month tenancy.
The Following User Says Thank You to Gail_in_Georgia For This Useful Post:
Thank you for your post. I researched all night and found a "handbook" for Landlords/Tenants in Michigan. It stated the 7 reasons a Landlord must prove for eviction and the 3 defenses a tenant has. The month to month tenancy affording a 30 day notice to a tenant is what I told John in the first place. There is also continuing emotional distress to all living in that madhouse. Tking the deed to the home as well as the property tax statements listing him as homeowner, will give him 3 points to argue.
I feel much better after reading your post supporting John to go forward to civil court to have Chris evicted if she continues to refuse to leave.
The most important thing I have told John is common sense, do not, under any circumstances, change the locks or throw her stuff out without a court-ordered eviction. Let's just say I am the good angel on his left shoulder, while my husband is the devil on the right telling him to throw her out and change the locks. The last thing John needs is to open the door for Chris to sue him for illegal eviction. Just be patient and follow the steps provided to him by the County Clerk seems to be the wise path.
Yes; it is illegal simply to toss out belongings or change locks without a court ordered eviction to do so.
A fair number of landlords have found themselves on the short end of a lawsuit for doing such illegal evictions.
When an eviction is granted, a law enforcement official will be present for the actual scheduled eviction; this is very useful in volatile situations that can escalate into violence.
does Chris pay any rent? If so, has she stopped paying?
I'm wondering if the owner retains his right to change the locks, considering he is also a tenant? I understand the legal concept when a landlord does this to a tenant, but it would seem to be impeding the owners right when he is also a tenant. I wonder if landlord/tenant laws would apply to this situation at all if she doesn't have a lease or pay any rent. People throw their lovers out on the street all the time. (That doesn't mean I'm advocating it in this situation)
What are your thoughts on that?
The owner can certainly change the locks. Unfortunately, a eviction granted by the court aside, he'd also have to provide Chris with a key. To do otherwise would show the court (should Chris sue) that the changing of the lock was an "illegal lockout" (for her).
In the absence of a written lease, a "tenant" (someone who has established a living situation with a person who owns or rents a unit) is considered to have a "tenancy at will" or be a month to month tenant. In most states these tenancy at will situations can be terminated with a 30 day notice on the part of either party (in my state of Georgia I must give a 60 day notice as a landlord).
People do toss out lovers (and grown kids for that matter) all the time because most folks do not realize that in a court of law this can be argued as an illegal eviction.
One way to get around the 30 (or 60) day notice is if there is violence involved to the point where a restraining order should be considered.
I suspect that "John" must follow the legal requirements of his state carefully or I'm betting "Chris" would be quite happy to sue him. In matters like these it is best to follow the letter of the law fully.
John is trying to do his best in this ugly situation. He has already told Chris she can continue driving the car he purchased for her and he will continue making the payments until 2011 when it is paid off. I know a lot of guys who would not do that.
Quite frankly, Chris is one a wonderful and kind woman, it's just when the two of them get together, some of their best traits seem to dissappear.
Thank everyone who has contributed to this thread and their suggestions. I truly appreciate your help.
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