Girlfriend won't leave, has no legal right to the home

[Charityth]

My question is my brother has broken up with his girlfriend for the second time. She is living with him in his home and pays no rent or any of the bills pertaining to the house. They have no lease agreement and her name is on no paperwork showing ownership. She does not want to leave and has threatened to cause trouble if he evicts her. She makes sexual advances he must avoid every night and has been showing a severely antagonistic attitude. She has threatened to accuse him of sexual misconduct with her two children and physical abuse of herself. He has made reports at the police station of these threats and she has been arrested for physically attacking him. Does he have to live with her for the 30 days it takes for the eviction notice and the time it takes for the eviction also? Is there any way to forcibly get her off the residence before that?

 

[Gail_in_Georgia]

He might be able to do this with a restraining order against her.

Gail

 

[Charityth]

we were wondering if he can get a restraining order against her and deem her a nusance to the property and himself if a 3 day eviction would work.

 

[Gail_in_Georgia]

There is no such thing as a three day eviction. Some states have a three day "Pay or Quit" notice (used when a tenant is late on their rent; they have three days to pay or the landlord will begin the filing for an eviction). Evictions take time because the person in danger of being evicted has to be notified, given time to respond, a hearing has to be set up, etc. etc..

How quickly this goes through the system depends on the workload of court cases.

Gail

 

[SweetAuburn]

I'm not a lawyer.. just a person with an opinion.. so I don't know this for fact. I have lived in Manitoba and Saskatchewan Canada and I know that here, if one person (female or otherwise) has physically attacked or made threats to do so, and especially if they've been arrested for it in the past, they can be forcibly removed from the residence. The children that are in the relationship... are they his or hers from a previous relationship? If she's that unstable perhaps someone should be looking out for the kids too?