If my female friend has been living with me for about 6 years now and she has basically turned my home into a storage unit, how do I get her out?

UPDATED: May 28, 2012

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If my female friend has been living with me for about 6 years now and she has basically turned my home into a storage unit, how do I get her out?

She pays no rent or bills.

Asked on May 28, 2012 under Real Estate Law, Iowa


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

Answered 10 years ago | Contributor

At this point in time even though there is no rental agreement (either written or oral) and since she has paid rent, your friend has attained the status of a "tenant". Consequently, you will need to serve her with notice to vacate (typically 30 or 60 days). If she fails to leave by the date specified in the notice then you will need to go to court and file for an "unlawful detainer" (i.e. an eviction lawsuit). In the meantime, don't take any self help measures such as locking her out, removing her personal belongings, etc. You could be sued for unlawful eviction or worse if you do. Once a judge issues a writ of possession (or your state's equivalent), you can then have a sheriff remove her if necessary.

At this point you may want to consult with an attorney in your area who specializes in landlord-tenant matters or at least contact a tenant's rights group for further information.

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 AttorneyPages.com 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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