How do I get out "guests" that won't leave?
Question Details:
We have been off and on for about a year. She keeps going back to her ex-husband. I took her back for the third time the 11/01/09. We had an agreement that she wouldn't do it again If I let her come back. Well it lasted a month and she's been taking days off work behind my back too spend with him. I do not receive any help from her or her sister and have kids of my own to think about.
I recommend that you contact the MO State Bar Association or the local bar association in the city or county you live in about their lawyer referral service.
If yours is the only name on the lease, I'd talk to the landlord, see if he'll let you change the locks at your own expense (he'll want his own set of the new keys, of course). Once you do that, you'll have control of the situation, and at that point you give these women a letter saying they have one week to get themselves and their belongings out, or you'll put their things in storage, and that after that week they are unwelcome on the premises and that the police will be called if they show up without your permission.
This isn't a landlord-tenant situation, and you aren't required to go through the eviction process.
Since she is not listed on the lease or pays rent, under the law of most states she will be considered to be a "licensee". Basically, that's isomeone who entered the premises with permission. However, now that this permission has be rescinded the way to lawfully remove her from the premises is to serve her with a notice to vacate (typically 30 days). If she fails to leave at the end of that time you will have to file an eviction action in court. The court will issue an order for her to "vacate" (leave) the premises. I f she still refuses to go, the sheriff will come and use physical force if necessary.
Now is to speak with an attorney in your area. They can advise you on the steps for doing all of this.
Note: Don't be tempted to use self-help such as changing the locks, etc or else you could get sued.
