How can I evict my girlfriend from the house that I own?

UPDATED: Jul 3, 2015

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How can I evict my girlfriend from the house that I own?

Asked on July 3, 2015 under Real Estate Law, New York


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

Answered 7 years ago | Contributor

You can have her removed but you will need to take the necessary legal steps to legally do so. First, you'll need to serve your girlfriend with a "notice to quit". If she refuses to leave, then you'll need to file an "unlawful detainer" action (i.e. eviction lawsuit). If your successful, the judge will issue you a "writ of possession". If she still does not vacated the writ will allow you to have the sheriff remove her if necessary.

At this point, you should consult directly with an attorney who specializes in landlord-tenant cases. They can best advise you as to specific state law. In the meantime, be sure not to undertake any self-help measures, such as changing the locks or removing her things from your home. If you can face legal consequences.

Note: If you are in fear for your safety, then you could have her removed via an order of protection.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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