How doI keep a tenant out of the home we are both living in afterI have served her with a 10 day notice?

UPDATED: Aug 19, 2011

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How doI keep a tenant out of the home we are both living in afterI have served her with a 10 day notice?

I currently own my home and I reside in it; ex is continuing to live here with me. I’ve asked the woman living here to leave repeatedly but she won’t. I was told to serve her a paper eviction notice for 10 days. I did that and she crumpled it up and threw it at me an told me she did’nt have to leave. She has also never paid me any money for rent either.

Asked on August 19, 2011 Pennsylvania


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

Answered 11 years ago | Contributor

After a notice to vacate is given, if the tenant remains the landlord will have to file for an "unlawful detainer" (i.e. eviction lawsuit). Once a judge issues an order to vacate, the tenant will have to leave. If they still fail to do so, the landlord can have a sheriff remove them, by physical force if necessary.

So in your situation, as tough as it may be to continue living with this woman, follow proper legel procedures and don't do anything by way of self-help remedies. This includes removing her personal belongings or changing the lock, etc. If you do she could end up suing you for unlawful eviction.

Note: Just make sure that proper notice has been given. In a situation such as yours, in many jurisdictions the time required is 30 days not 10.

At this point I would consult diereclty with an attorney in your area who handles landlord-tenant matters. They can best advise as to your rights/responsibilities.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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