bad spot: girlfriend won't move out, can I just call the police?

This is a discussion on bad spot: girlfriend won't move out, can I just call the police? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Im 26 yrs old..bought a house last year..the house is in my name only..I live with my girlfriend and HER ...

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Old Jun 3rd, 2010, 06:36 PM   #1
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Confused bad spot: girlfriend won't move out, can I just call the police?

Im 26 yrs old..bought a house last year..the house is in my name only..I live with my girlfriend and HER kid..they have been living with me for like 2 years..recently I have found out that my girlfriend has cheated on me..I want her to move out but she says that she never did anything wrong and isnt going to leave..I know she cheated..I want her out..It is a bad situation because of her child(9yrs old)...can I just call the police and they will make her leave..what about the few things she has in the house? none of the bills are in her name..or do i have to go get a court document to have her removed from the house? Thank you for your time
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Old Jun 3rd, 2010, 08:15 PM   #2
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

The police can't and won't do anything.

You must go to court and get a court order to evict her. If she's not paying rent, you can evict without the notice to pay or quit.

You don't have to have anyone living in your home that you do not wish to. Her insistence on staying is a testament to her character.
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Old Jun 4th, 2010, 10:09 AM   #3
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

If rent was not agreed upon before you can't use that now. But other than that the above post was correct. you will need to go to court to have her evicted. Almost every state requires at least a 30 day notice to evict. You'll have to deal with her for another month
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Old Jun 4th, 2010, 10:24 AM   #4
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

First you must give the GF written notice to vacate. Please list your state to find out how long the notice must be. It could be as short as 7 days or as long as 60 days. Keep a copy of the notice. Then if she doesn't move out after that time, you go to the clerk of court and file for eviction. After you win possession at the eviction hearing, they will order her out. If she doesn't leave, you go back to the clerk and ask for a set out. Hopefully it won't come to that.
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Old Jun 4th, 2010, 10:26 AM   #5
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

Also, not every state requires at least 30 days. 30 days is an average amount of time, but some states require much shorter periods as I posted above. Some require a much longer time. It is a myth that all states requires 30 days to vacate. Give the amount of notice required by your state laws.
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Old Aug 14th, 2010, 10:18 AM   #6
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

same situation for me - my attorney told me I can call the sherriff and have her removed if she wont leave.
If no formal lease or rental agreement was in place she is a guest and has no right to be there if ask to leave.People who leach off others really have no concept of whats fair and somehow think they are entitled to something thay dont pay for. This is in Ohio -
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Old Aug 14th, 2010, 11:54 AM   #7
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

If the person is fully living there, with all items etc. and no other residence, then you have to evict them if they will not leave--even if they have not ever been paying any rent.

Once you let somebody move in, they get rights, like it or not.
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Old Aug 15th, 2010, 10:36 AM   #8
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

As a landlord in Ohio, I can tell you the sheriff will not remove anyone who has lived there for more than a month. Once they have been there 30 days, they are a resident of the place and have rights to occupancy. You have to give them written notice to vacate. If they do not leave, you file an eviction with the clerk of courts. The hearing will be about 3 weeks later. Then the judge will allow them 72 hours to vacate. If they still don't leave, you go to the clerk of court and schedule a set out. The sheriff will then come to the residence and set them out on the street. That's the only way the sheriff will take them out once they have been there a month. Otherwise, they will just tell you its a civil matter and they can't do it. Your attorney is wrong and I would get a new one!
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Old Aug 15th, 2010, 10:52 AM   #9
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

Sorry for your pain.

Does she have somewhere she can go? I ask because she has a child and I assume that child has formed some type of bond with you. I understand you want her out but look at the circumstances. Does she have a job to support herself?

I assume she has made purchases for the home and invested some of her money into your house that you look at your heart (regardless if she has one or not) think of the child and tell her to move out and you could help with part of the 1st months rent to get her out. Tell her that you are angry and believe she cheated and that she can have her own place and later you guys can talk but if she doesn't leave you will resent her for not letting you have your space to decide on what you want to do.

That might be cheaper than going to court-her staying there and destroying your stuff, etc.

Besides if you get her out then she's out right.
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Old Aug 16th, 2010, 05:12 PM   #10
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Default Re: bad spot: girlfriend won't move out, can I just call the police?

It's not his problem. Her life and her child's and where she lives - that onus is on her - not him.

This is a counseling board. It's a legal question and answer board. LEGALLY, it's not his problem where she goes, as long as she leaves HIS house. A court ordered eviction will promptly take care of the problem.
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