What to do if my daughter won’t leave my house?

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What to do if my daughter won’t leave my house?

What can I do to get my daughter to leave my home. She lives there but there is no lease because she was going to purchase it. Now she gave me a 5 day notice that she won’t pay rent. The water is in my name. I want to have a $200 deposit on the water and she won’t return my phone calls or emails. What can I do? She has destroyed the property.

Asked on August 4, 2012 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no written lease, she is a month to month tenant on an oral lease IF she was paying rent before. In that caes, you could immediately file an eviction action against her in court for nonpayment if/when she fails too pay rent; or give her 30 days written notice terminating her tenancy and sue for eviction if she does not then leave.

If she has not yet paid rent and there is no written lease, then she is a guest, and you can ask her to leave immediately. If she will not, you may file an ejectment action against her (this is a cause of action similar to eviction).

Given that family is involved, rather than do this yourself, you would be best advised to allow an attorney to handle this matter for you.


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