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  #1  
Old 10-19-2011, 11:08 AM
masg11 masg11 is offline
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Default Ex-gf claims she is subtenant automatically

I have lived in a house on a month to month lease for more than a year. My ex moved in about 8 months ago
we broke up 3 months ago, she started sleeping in the guest room. I gave her some time to "get things together" but didn't understand she had no intention of leaving. I let her bring her cats over so they could go to the vets and they never left either.

I understand I could start the 30 day evict process. There is no written agreement, she has never given me a dime either.

My lease states I may not sublet the house. Does that help me get her out faster?
I have told her she must leave.
Can I still have people visit the house freely?
Can she? I do not want anyone she knows in the house.
Can I boot out the cats? Are they part of the sublease? My lease forbids pets.
The landlord loves me as a tenant and wants me to stay. Is there anything they can do to help? They never authorized anyone else living at the house.

I'll end up with an attorney, but want a better idea of my rights in this case.
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  #2  
Old 10-19-2011, 04:42 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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  #3  
Old 10-19-2011, 07:05 PM
aardvarc aardvarc is offline
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[QUOTE=masg11;270253]I have lived in a house on a month to month lease for more than a year. My ex moved in about 8 months ago we broke up 3 months ago, she started sleeping in the guest room. I gave her some time to "get things together" but didn't understand she had no intention of leaving. I let her bring her cats over so they could go to the vets and they never left either.

Quote:
I understand I could start the 30 day evict process. There is no written agreement,
Then the court will consider it a month to month agreement.


Quote:
she has never given me a dime either.
If you can prove to the court that there was a contract between you that she do so, then sue her for the amount of rent agreed upon. Otherwise, you allowed her to live rent free. The court will assume you got SOMETHING in exchange - because most people don't suddenly complain about rent after 8 months when they've been sleeping with someone.


Quote:
My lease states I may not sublet the house. Does that help me get her out faster?
No, it would only help your landlord get YOU out, if they were inclined to do so. YOU violated the terms of your lease. That's not your GF's problem.



Quote:
I have told her she must leave.
With a proper eviction notice, right?


Quote:
Can I still have people visit the house freely?
Nothing changes until the eviction. You live there, and have every right to visitors.


Quote:
Can she? I do not want anyone she knows in the house.
Nothing changes until the eviction. She lives there, and she's got as much right to visitors as you do.



Quote:
Can I boot out the cats? Are they part of the sublease?
Sure, but expect to be sued, and loose.


Quote:
My lease forbids pets.
Next time, don't violate your lease. Too late for taksies backsies now.


Quote:
The landlord loves me as a tenant and wants me to stay.
That's good. Otherwise you could be facing eviction too.


Quote:
Is there anything they can do to help? They never authorized anyone else living at the house.
No, but YOU did. YOU are HER landlord. YOUR landlord only gets to take action against YOU, with whom they have a lease.
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org
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  #4  
Old 12-31-2011, 10:33 AM
ThrowEmOut.com ThrowEmOut.com is offline
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You need to give her a written 15 day notice to vacate then file eviction against her. If she has established the house as her home, the only way to make her leave is through the eviction process. The fact that she's not on the lease has no bearing.

http://ThrowEmOut.com
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