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For the past few months, my daughter's best friend has been living with us. We rent our home, our landlady knows about the extra tenant, and with her here we have not exceeded the CO limits or the lease residency limit. So we are all above board. She is 18, and moved in with us because her home situation was not a healthy environment for anyone.
She does have some significant issues. Mental health issues, behavior, drug use. I walked into the situation knowing the risks, but gave her some rock hard rules, mostly about there being a ZERO tolerance policy about drugs in our home. I told her I didn't approve of the use, but if she was going to continue to smoke pot, it had to be off the premises and not brought into our home.
She broke that rule, for the second time, and I'm going to have to ask her to leave. There is no signed lease between her and I, there is no rent being paid. I contacted the police and gave them all the drug paraphernalia, which included a needle, so we suspect there is now heroin use.
I'm planning to tell her tonight that she has to move out, she's no longer welcome in our home. But she has established residency, so I was advised to legally evict her. I can find the statutes and the forms and get the process started. Because there is no lease, no rent, what do I need to be aware of going into this process? What, if anything, will make this different from any other eviction?
I'm planning to tell her tonight that she has to move out, she's no longer welcome in our home. But she has established residency, so I was advised to legally evict her. I can find the statutes and the forms and get the process started. Because there is no lease, no rent, what do I need to be aware of going into this process? What, if anything, will make this different from any other eviction?
Just tell her that she has to go or you will call the police. If she refuses to leave then go to the next step.
As Katie said, just ask her to voluntarily leave but know that if she refuses or you make it some type of order or threat:
1. You are a landlord under Title 25 Chapter 51 and have to follow the exact same eviction process as any landlord.
2. When she first broke the rule, did you serve her with a notice of breech of the agreement giving her the required 7 days to end the behavior or get out? If so, and if she broke that same rule within a year of that notice, you can move to the eviction. If not, you have to first send her that written notice and give her 7 days to stop.
3. If she was arrested on the premise for drug possession by the police or has a misdemeanor conviction for narcotic use during her tenancy, you can move to the eviction.
4. If you now have the legal authority to bring a summary eviction case, you go to your Justice of the Peace serving your jurisdiction and start the paperwork.
Unfortunately, it would have been best if the Police had been the ones who found the drug paraphernalia or made an arrest as you could have gone for an immediate injunction and eviction, but you can ask for an expedited hearing since you are living in the same residence.
Note: although you can kick her out without the benefit of the courts, she would have the right to file an unlawful eviction which (although she violated the agreements and/or rules) can cost you big time if she convinces a judge you failed to follow the law.
What I was told by the police, is that since she has established residency here, I can ask her to leave, but if she refuses or starts coming back, I have no legal recourse until I fill the eviction. Once I have the eviction done, then I can have her arrested for trespassing if she comes back.
I confronted her this evening, we talked, I asked her to leave and she did so. My worry is that she is using heroin, desperate for cash to feed her addiction, and while she doesn't have keys, she knows the house, the dog, and where the valuables are. We are exposed to a large amount of risk right now.
She was not arrested, and I am not prepared to give her a 7 day notice, there is no negotiation on this to me. I'm going to give it a few days to see if she tries to come back. If she does, I will have to file the eviction. If she respects the decision that she is no longer welcome to live with us, I won't move forward with that.
What are the rules if you let someone stay a week, can they say they live there and have to be evicted?
Also if a person goes, but then decides to come back the next day do you have to let them in?
Is the person a guest or resident? If you establish that they are a guest, treat them as a guest, abide by the laws of guest; guess what? they are a guest. But if you establish them as a resident, treat them as a resident, abide by the laws of a resident; guess what? they are a resident. What's so complicated about this?????
What I was told by the police, is that since she has established residency here, I can ask her to leave, but if she refuses or starts coming back, I have no legal recourse until I fill the eviction. Once I have the eviction done, then I can have her arrested for trespassing if she comes back.
I confronted her this evening, we talked, I asked her to leave and she did so. My worry is that she is using heroin, desperate for cash to feed her addiction, and while she doesn't have keys, she knows the house, the dog, and where the valuables are. We are exposed to a large amount of risk right now.
She was not arrested, and I am not prepared to give her a 7 day notice, there is no negotiation on this to me. I'm going to give it a few days to see if she tries to come back. If she does, I will have to file the eviction. If she respects the decision that she is no longer welcome to live with us, I won't move forward with that.
The police were correct and unfortunately, that means the legal process of landlord tenant must be followed. Evictions can be a bit overwhelming to the novice but understand these regulations came about because of bad landlords and equally bad tenants. So, its just the process of fairness to all parties.
Unfortunately, that was the risk with a tenant like that.
Know that she may not return but you may be hit with an unlawful eviction lawsuit if she happens to run across someone who knows the law and is lucid.
The problem is the law requires the JP to verify the notice was valid and the dates of the notice and violation are proper. If she returns and you try to evict, the JP may say you cant because you must (under the law) serve her with the notice and she has to violate that notice once you gave it to her. But if you never served her a notice, you may have a problem. That's where landlords can get themselves tripped up.
at 18 she is young and dumb and likely left because she wasnt aware she could make you evict her.. change the locks put valubles away( hide them ) and file an RO on her so that she cant come near you or the home.. after 30 days she will be either living with someone else or in jail. you likely got out of this mess by the skin of your teeth. I had to evict a family member one ( my own grandson) and it was not fun trust me the kid caused trouble
after 30 days she hasnt got a leg to stand on as she has set up a home elsewhere
oh and make sure her mail is not delevered to your house ..
What I was told by the police, is that since she has established residency here, I can ask her to leave, but if she refuses or starts coming back, I have no legal recourse until I fill the eviction. Once I have the eviction done, then I can have her arrested for trespassing if she comes back.
I confronted her this evening, we talked, I asked her to leave and she did so. My worry is that she is using heroin, desperate for cash to feed her addiction, and while she doesn't have keys, she knows the house, the dog, and where the valuables are. We are exposed to a large amount of risk right now.
She was not arrested, and I am not prepared to give her a 7 day notice, there is no negotiation on this to me. I'm going to give it a few days to see if she tries to come back. If she does, I will have to file the eviction. If she respects the decision that she is no longer welcome to live with us, I won't move forward with that.
If she comes back don't let her in or call the police and tell them she is trespassing. You asked her to leave and she left, hopefully she took all her things. and hide the valuables or put them in a safe deposit box or hide them in a laundry hamper or in the back of a storage closet under old sheets or something.
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