What to do if my ex-girlfriend has lived with me in my home for approximately 10-11 months but we have broken up and she will not leave my residence?

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What to do if my ex-girlfriend has lived with me in my home for approximately 10-11 months but we have broken up and she will not leave my residence?

She is verbally abusive with a violent temper which is the reason for our break up and the fact that she does not like my children. She seldom paid for utilities and purchased food on occasion. After I asked her to leave she stated she would not until she found a full time job. She works part time currently. How do I evict? I own the home.

Asked on July 16, 2012 under Real Estate Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she is a tenant, including a tenant on an oral (or verbal) lease--that is, she is paying you rent, renting from you, etc.--you would have to file an eviction action. Such an action could be based on nonpayment (if she doesn't pay her rent), on some other lease violation (if any), or on 30 days notice terminating the tenancy, if she is on a month-to-month oral lease.

If she's not a tenant, then you still need to go to the courts to get her out, because she has been living there with permission. You would file an ejectment action and do not need any reason other than that you are the homeowner with right to possession and want her out.

You are advised to retain an attorney and let the lawyer handle this for you--it's straightforward for a lawyer, but could be complex for a layperson.

Mark Petersen / Snake River Law PLLC

Answered 10 years ago | Contributor

If she has or does pay any rent to you for the right to stay at the property or her name is on any lease documents or you have verbally given her permission to live at the residence (even if she doesn't contribute financially), then the best way to remover her from your home is through a formal eviction process. In Idaho, this is done by providing her a 3 day notice to vacate (this must be personally served on her and must comply with Idaho notice laws). If she does not leave after three days, you can file an eviction action with your local county court. The court will hear the eviction case within 14 days after filing.

If she does not have tenant rights to the property you may be able to trespass her from the property. Tresspassing someone from your property requires written notice that they have been tresspassed. Without the written notice the police cannot assist you. If you do trespass her, make sure a specific day and time is set for her to remove her items from the property and make sure to take care of all of her possessions. I would recommend photographing or creating a video of all items and their condition.

Eviction forms are available online at the Idaho Court Assistance Self Help website or from the local county court but I would recommend that you obtain a lawyer to assist you through the eviction process.

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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