If I’ve been living with my girlfriend for 1 year, can I just kick her out if she’s paid no rent and barely does any chores?

She basically seems to use me. I’ve begged and asked but there has been no change in several months. I’m the homeowner; the only person on the mortgage. The local police claim that she’s been there for more 30 days, so she’s a resident. Is this true?

Asked on November 4, 2015 under Real Estate Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since your "girlfriend" never paid rent, she will not be considered to be a tenant. However, she will most likely be deemed to be what is known as a "licensee". This is someone who entered and remained on a premises with permission. 
Now that permission has been revoked, the legal way to remove her from your home is to again have her served with a notice to quit (this notice can be for a little as 3 days or as much as 30 days, depending on the state). If she fails to leave at the end of the time specified in the notice, you will have to go through the requisite procedures for eviction. Once a judge enters an order for her to vacate the premises, it can be enforced if necessary by a sheriff who can use physical force to remove her.
What you need to do now is to speak directly with an attorney in your area. They can best advise you on the correct procedures for all of this. If you fail to comply with these procedures, you could find yourself being sued for unlawful eviction.

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