Bad Rommate Situation 2

[Monica Standley]

Thank you Tracay for clearing that up! As far as a eviction notice goes, after I serve her she has three days to get out right?

What happens if she doesn't leave? Can I call the police and they will tell her to leave. Or do I have to do some other steps? I just want to make sure that I can get this person out of my house and that I am doing it the right way.


I really dont want to go to court or any thing, she did not sign anything with my landlord, just us. We think that she will stay in our house to spite us, because she doesnt care.

We just want our house back to ourselves and want the easiest way out. We will never have another roommate again!

Thanks
Monica

Thank You.
Monica

 

[Tracey]

You will have to formally evict her. This includes: 3-day notice to pay rent or quit, summons & complaint for unlawful detainer, hearing or default judgment, sheriff serving the writ giving her 3 days to move and this time we mean it, followed by you hauling all her stuff to the nearest curb while the deputy stands around keeping the peace. Most people leave after the sheriff serves the writ. Occasionally, they leave after the 3-day notice. You get reimbursed for your costs and attorney fees. If you hire an attorney, expect an eviction to cost about $400. You could just pay her $100 cash to leave by end of next week.

If you have multiple reasons to evict her, list all of them. EX: if she's threatened you or damaged your property, you may not even have to give her 3-day notice. You should also tender her written notice that you are terminating the rental agreement, then sue to evict her. That way, if the eviction falls through (if she pays the back rent), she still has to leave by July 20.

Talk to your local landlord/tenant association about how to do an eviction. They probably have help for you. Even help from the tenant side will be useful.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.