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Eviction of Guest Tenant

I really could use some info on this matter. A EX girlfriend and her 12 yr old severely emotionally damaged son has has refused to leave the home I own. She moved into my home to start a new life with me 6 years ago and after 2 years she broke it off, cheated, stole $ from a client of mine, emotionally, verbally and mentally abused her child and myself. Has damaged parts of the home and has repeatedly neglected basic fundamental home rules such as not leaving food in the sink because of no disposal ( now I have to have a plumber snake out the line), leaving soiled clothes from her child on the kitchen floor, refuses to clean anything including the cat boxes for 3 cats she has hoarded. She has made the house unfit to live in. Any attempt to get her to leave peacefully has erupted in a aggressive threatening rebuttal and threatens me with "getting rid of the cats and dogs when Im at work" If I evict her. She pays no rent, no utilities and still leaves the heat on, lights on and leaves an absolute filthy mess in the home. I need a way out that I can keep the animals (which are all under my name and paid for and paid vet bills). Now, according to my neighbors, they are considering calling the police because they hear her verbally assault her son and then screech off down the neighborhood road every morning. She has become not only a horrible stain in my life she has now become a financial liability because of her actions. She is the type of deranged person that will damage my property or give my animals away when I am at work. She has no family and has repeatedly said she cannot get assistance. Not only does she NOT work she goes to the gym for 4 hours day. Please somebody point me in the right direction where I can feel safe knowing she will not be able to damage my proprty or give away my animals during the eviction process. Thank you

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Submitted Tue, 06/06/2017 - 11:30

From what you say here, going the eviction route may not be the best avenue. In order to evict someone that's not paying rent, you need to give them a three month notice to quit before you can even file an eviction case with the court. Additionally, the eviction court isn't empowered to make any kind of rulings about pet ownership or anything else of that kind.

The appropriate method here, if she is damaging your property or causing a disturbance, may be to seek a Restraining Order or Harassment Prevention Order against her. Threats to persons and property, or unstable behavior may qualify you to get one. As part of the order, the court can order she leave the property, and then you can call the police if she returns. If this fails, you can still go the eviction route afterwards.

Atty. David Owens
Grolman LLP

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