Do I need to file an eviction notice to make my girlfriend move out of my house?

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Do I need to file an eviction notice to make my girlfriend move out of my house?

I am the only one on the ownership for the house. She moved in after a year of me living at this house. I decided to end the relationship and want her to move on. I told her I’d give her 2 weeks to come up with a plan, however am afraid it will become disastrous living together. Since there is not any documentation besides her mailing address, do I need an eviction notice?

Asked on July 7, 2011 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since she has been living there for an extended period of time (i.e. more than just a few weeks or so) she will be considered to be a tenant (if she gave you rent or a form of rent such as paying for the utilities) or she will be considered to be a  "licensee" (someone who was invited to live on the premises by you, the owner). In either case, she must be formally evicted just the same.

What you first need to do is to give notice (typically 30 days written). If your ex still hasn't vacated by then you will need to file an unlawful detainer action (i.e. eviction) in court. Once an order to vacate has been granted, she must must vacate the premises. If she doesn't, you can contact the sheriff who will remove her.

In the meantime do not use any "self-help" measures such as changing the locks or removing her belongings. If you do, you can find yourself on the wrong side of a lawsuit.  Further, make sure to comply with all steps according to the letter of the law. You may want to consult with an attorney who specializes in landlord-tenant matters.


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