Question:

Im the only person on my lease, i let a "friend" stay in my extra room. How legally can i kick her out?

by  |  earlier

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There is no written agreement or anything between the 2 of us. I have a lease with my landlord, and she has nothing to do with it. I did her a favor by letting her stay at my home, and now she is destroying it!! I want her out immediately.....but dont know the legal rights, if any, that she has...Please help

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5 ANSWERS


  1. Mail her a 30 day notice to move.  Date the notice.  Sign it.  If she does not move, you will have to start an eviction action in small claims court.  If the court orders her out, it will also order the sheriff to physically remove her from the premises.  If she comes back after being removed, she may be arrested for trespassing.


  2. I don't really think she has any legal rights unless she's been paying rent.  Otherwise, you have the right to kick her out, and if she doesn't leave, to call the police.

  3. you have to go to court and evict her. If she is doing physical damage to the property call the police and have her arrested. You cant kick her out legally just because you don't want her there anymore. You let her in she has every right to be there. The cops are going to tell you the same thing. Its a civil matter

  4. If she has been there longer then 14 days this is her legal residence and you have to obtain a court order (eviction) to get her out.

    Legally this is now her home and her rights are pretty close to equal to yours (she cannot evict you though).

    It is illegal to just kick her out, just as it is illegal for your landlord to just decide to boot you out one day.

    The legal process you have to go through is the same as any other eviction.    The judge may even deny your request

  5. If she isn't paying rent, simply ask her to leave.  Or, just ask her to leave and see if she will.   If she is paying rent, you will have to give her 30 days written notice - it doesn't have to be mailed.

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