psycho girlfriend refuses to move out (apartment, lease, tenant, eviction)
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Hi, first time here and I'm looking for a way to get my harassing ex out of my place. So here's the story:
She has been staying there since April. While I've stated that she can stay however long she wants, and she even offered to pay for her stay, she is now spinning the previous payment offer as that I have tried to illegally sub-let the place, and she is making false accusations of domestic violence against me and threatens to get me evicted out of my own place.
So now:
The landlord knows about the "overstaying guest". They stated that they can't do anything about the guest, and I'll have to deal with it.
Ex not only LOCKS me out of my own apartment, she somehow changed the lock, and now maintenance won't touch it. I have NO access to the apartment
On top of that, if I try to contact her to let me in to get my items, or knock, I don't get access at all. She has written things saying I'm abusive, I'm lying to police to get her arrested, I bought her drinks to take advantage of her, ( She drinks very often, whether I buy alcohol or not) etc.
Basically she is taking full advantage of landlord tenant laws to claim my apartment as her own . On top of that, she has access to my personal information (social security number…), and I see that she HAS used it to apply for food stamps. This is a massive nightmare of a scenario , and now I'm sleeping on the couch of a friends place…instead of the apartment that I'm paying for.
Why haven't you called the cops? Your ex-girlfriend can't change the locks on you and refuse you entry when you are on the lease and paying rent. The most she could do is claim she is a tenant (does she have mail forwarded there, any proof that she has been living there?) and then you can't force her out without serving her an eviction notice.
What state are you in? You should look up laws for your state to see what would qualify her as being a tenant. She may not even be considered one.
Only proof she has is some mail, along with an "supposed ex-husband" that can "verify" that she has been there. Keep in mind the guy lives in another state. She has been there for more than a month, but I'm not sure if she has anything that can verify such.
And I'm in CA. I really don't want to go through the formal eviction process because that could take months if she contests it the whole way, (she will, she knows the law way too well) and I only have 3 months on my lease. Just serving her will be a pain in the ass. And my consigner (dad) is pissed over this.
I am not familiar with CA laws, but I know there are a lot of helpful people here who know CA landlord/tenant laws pretty well. I'm sure they will pop up soon to give you advice. There is also a sticky with a link to the laws if you want to read through them yourself.
Like I said, I'm not familiar with CA law, but I think since she has mail going there, she would be considered a tenant. But, that doesn't give her the right to change the locks on you. As far as the domestic violence case, did she file a police report? What did the police say? Is she pressing charges? It's a very unfortunate situation you've gotten yourself into.
Whatever you do, keep records of all the communication you have with her. Keep text messages, emails, voicemails, etc... so you have proof of what is going on and when you get access to your place, don't go throwing her things out because she might call the cops on you (especially if she is considered a tenant). Also, definitely try to avoid being physically around her. If she already called the cops for domestic violence once, she'll definitely do it again to try to gain leverage.
The domestic violence is basically she she got angry with me and tried to rip my keys from the ignition of my car. Obviously I stopped her from doing so (who wouldn't in this case...) by holding her wrist before she could pull out the key and chuck it across the field.
Anyway I called the cops on her, fearing that she was setting me up for a domestic violence incident (she was yelling and screaming to scare me out of my apartment) She even admitted as such in an email, and is calling me "manipulate" and "low" for getting the police involved. It's nuts.
Why on earth have you not yet consulted an attorney?
Did. They told me I should just break my lease and leave because of how long the eviction process will take, and because she knows every step, and knows to avoid being served, she could stall, if not outright quash any courtroom lawsuit.
1 pschyo shouldn't cost me my dwelling and thousands in expenses.
Seriously.
Did. They told me I should just break my lease and leave because of how long the eviction process will take, and because she knows every step, and knows to avoid being served, she could stall, if not outright quash any courtroom lawsuit.
1 pschyo shouldn't cost me my dwelling and thousands in expenses.
Seriously.
I'm a little sceptical about several things you've said but if indeed an attorney has given you this advice based on all the facts and presumably during a full consultation, what more do you think you can expect from forum participants?
You picked her and let her move in! Look on the bright side - if you learn a lesson from this it may discourage you from so blithely opening your home to someone else in the future.
I feel your pain - I have dealt with crazy like this. Be thankful you are not married... While it is wrong to do, and not going to be good for you, I actually think just breaking the lease and dealing with repercussions that come from that might be the least stressful way to deal with this... I only say that based on my past experiences with this type of b**** and knowledge of the amount of stress she will cause you. RUN and never look back.
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