How do I get my girlfriend out of my condo if she refuses?

UPDATED: Dec 28, 2011

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How do I get my girlfriend out of my condo if she refuses?

She pays no rent and there is no lease or rental agreement between us.

Asked on December 28, 2011 under Real Estate Law, Washington


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

Answered 11 years ago | Contributor

If pays no rent, then in most states she will be consider to be a "licensee". That is someone invited to enter and remain on the premises (i.e. long term guest). Now that her "license" to stay has been revoked she will need to be evicted if she will not voluntarily leave. You must give her notice to vacate. If she fails to move out by the date specified, then you will have to file an "unlawful detainer" action (i.e. eviction lawsuit). Once the court issues a writ of possession (or your state's equivalent) and she still fails to move out, then you can have the sheriff remove her.

In the meantime, do not be tempted to use self-help measures such as removing her personal belongings or changing the locks. You could face a lawsuit yourself for illegal eviction.

At this point, you should consult with a an attorney who specializes n landlord-tenant cases, they can best advise you regarding legal procedures for all of this.

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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