Ifmy girlfriend and I have been living together for a year and a half but I pay all the bills, how can I get her evicted?

UPDATED: May 29, 2012

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Ifmy girlfriend and I have been living together for a year and a half but I pay all the bills, how can I get her evicted?

Asked on May 29, 2012 under Real Estate Law, Georgia


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

Answered 10 years ago | Contributor

First of all, even if she has not been paying any rent, after this period of time she has attained the status of a "licensee", which for puposes of eviction equates to a "tenant" (or "subtenant" if you are renting the premises in question). In any event, you will first have to serve her with notice to vacate (typically 30 days). After that, if she fails to move out by the date specified in the notice, you will need to file an "unlawful detainer" in court; this is nothing more than an eviction lawsuit. Once a judge issues a writ of possession (or your state's equivalent), if she then still fails to leave you can have a sheriff remove her. In the meantime, do nothing such as changing the locks or moving her personal possessions. You could find youself on the wrong side of a lawsuit yourself if you do.

Note: if you are renting and her name is also on the lease, your landlord will have to evict her. He, not you, is the one who has legal standing to do so.

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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