How to get rid of a crazy tendant?

Question

okay, i was being nice and let my co-worker stay at my house. (she was homeless at the time). we signed a walfare paper stating she was room and board so she could get money for staying with us. everything was fine, then we said she could stay in the basement, which does have its own bathroom and kitchen. It just isnt totally finished yet. We never signed any contracts or agreements between us stating she was renting, but she is giving us money each month. it turns out she has a drinking problem and she starting to go crazy. we never locked the downstairs door, so she still could come up when she wanted, so she started to freak out when we were watching movies and going to our fridge, telling us to be quiet like 9 at night. then she flipped out once on my bf which is owner of house, cuz he turne4d off the internet and then she turne4d off our power to the kitchen cuz she has the power box downstairs. she threatned my 2 yr son. and now she writing nasty notes and nasty things about us on facebook/msn. my bf told her she had to be out at the end of the month and i left a msg on her phone saying she had to be out by sept 1 cuz she wont answer her door. even my bf parents wrote an email saying she had to be out at the end of the month. ( we all told her at the beginning of aug).but now she writing us notes saying that we didnt evicted her right that we have to get some sort of proper eviction paper and give it to her on aug 31 now. but idont understand cuz we never signed anything so is what we sent adn said to her work? i want her out cuz she scares me and my family. help!!

Answer 1

If you have nothing in writing that's legally binding you to let her stay there, call the police and report her as a trespasser. Seriously.

Give them permission to search "her" apartment and if they find drugs or anything illegal, they will arrest her for that, too.

Answer 2

Call the police.

Answer 3

.   If you never accepted any money or deposits from her, she must leave now.  The police will escort her out.

Since you signed some papers making things "official", you have more troubles.  You go to Small Claims Court and pay $35.  There will be a court date in 25 days.  You tell the judge your story. She tells hers. The judge will give her a "move-out" date if you win.  It will be in 3-5 days.  If she doesn't move, the sheriff escorts her out.

Answer 4

your kinda stuck cus you took money and there appears to be some kinda oral agreement.  Follow the law and the law is on you side, kick her out all roughlike and she gets a lawyer, then the law is on her side.  I hate to say it but you may wanna pay a lawyer for a consult and have him write you an eviction notice all proper like and then you still may have to wait 30 days.  has she paid you steady?  Did you agree on an amount?  Has she done any damage??  Get all of your ducks in a row and get some legal help.  Tenant-landlord law is really well developed but very twisty and turny so pay the 150-200 and get some legal advice.  

Answer 5

your bf is the owner so he'll need getting advise from a lawyer no later than monday..he'll have some work to do..

Answer 6

If what you say is true, you have every right to be frightened.  I hope you are documenting everything that's going on.  Make copies of all of her e-mails, etc.

Since you do not have a written lease, you do not have to go to court for an eviction.  You can have her removed by calling the police and having them remove her.  Then, change the locks and take out a restraining order on her....

For the sake of your small child, especially..I would do this TODAY.

Answer 7

Put it in writing. You can just tape one on her door then mail a copy to her in regular mail. Usually a 30 day notice if she live there for less than a year. If she violate any law or your rules, you may give her a 3 day notice to quit. After 3 days, file to the court for unlawful detainer and the court will set up a hearing date. If you win, she will have to move in 5 days and after 5 days if she's still there, you could get a sheriff with the court order to lock her out.

The police won't lock her out without a court order.  They only will arrest her if she violate any law or committed crime.

Your tenant does know some laws here and she's putting everything in writing for you so those are her evidence that you evict her in a wrongful way. Be careful.

In some state, a verbal agreement is valid as a written one so self help method will just give you more troubles.

Check with you state's LL/tenant law.

Answer 8

You allowed her to move in whether she pays rent or not doesn't matter you need to give her a WRITTEN paper stating 30 days notice I suggest giving it to her TODAY that would mean she has to be out september 22nd.  If she threatened your son why on gods green earth didn't you call the cops.

Answer 9

You let her move in as a month to month tenant. There ia signed welfare paper stating she was room and board (renter) which proves her case. You do not need a signed contract or agreement to enter a month to month tenancy agreement, your state's laws provide one by default.

The tenancy is governed by your state's landlord/tenant laws. She must be given proper WRITTEN notice to terminate her tenancy. Telling her means nothing.

You will need to read your state's landlord tenant laws to find out exactly how much notice is required.

She knows the laws. Until you do it right, she can remain.

Answer 10

go to the police tell them she is harassing you...