What doI need to do to have my ex-girlfriend evicted from my house?

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What doI need to do to have my ex-girlfriend evicted from my house?

She doesn’t pay anything.

Asked on January 8, 2012 under Real Estate Law, Utah

Answers:

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

Answered 12 years ago | Contributor

She will be considered to be a tenant if she has paid rent or some form of rent such as the utilities, otherwise in mot states she will be considered to be a "licensee" (that is someone who entered and remained on the premises with the owner's permission). 

Either way, now that permission to be on the premises has been "revoked" the lawful way to remove her from the premises is to serve her with a notice to quit (typically 30 days).  If she fails to leave at the end of that time you will have to file an eviction proceeding known as an "unlawful detainer". Once the court enters an order for the her to vacate the property, if she refuses to leave then you can have the sheriff enforce the order if necessary. 

Speak with an attorney in your area who specializes in landlord-tenant cases. The fact is that if you fail to comply with the necessary legal  procedures, you could find yourself on the receiving end of a lawsuit for unlawful eviction. Therefore, do not be tempted to change the locks, remove her belongings, etc.


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 AttorneyPages.com 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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