What to do if I own my home and my girlfriend has been staying there not paying rent with no lease agreement but now she won’t leave?

She states that I have to legally evict her. Is this true?

Asked on January 23, 2013 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, she is correct: if someone has lived in your home with permission--even if not as a tenant (e.g. no rent, no lease)--then to remove her, you have to go through the courts. Technically, if she is not a tenant, you do not bring an eviction action but rather what is called an "ejectement" action. It is slightly more formal in procedure than an eviction action; you would be well advised to retain an attorney to help you do this.


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