If my girlfriend moved in with me in my condo about 7 months ago but now I want her to leave, what can I do to make her move out?

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If my girlfriend moved in with me in my condo about 7 months ago but now I want her to leave, what can I do to make her move out?

She refuses to leave. We have no rental agreement.

Asked on July 1, 2015 under Real Estate Law, Texas

Answers:

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

Answered 6 years ago | Contributor

I'm assuming that you own the condo. As the property owner, you will have to take appropriate legal action. This means that you don't attempt any self-help measures, such as changing the locks or removing her belongings from the premises. You can face a claim for unlawful eviction if you do.

The necessary legal requiremnts will vary from state-to-state. However typically if your ex-girlfriend paid rent (or any form of rent such as paying for food, utilty bills, etc.), then she will be considered to be a tenant and you will have to file an "unlawful detainer" action (this is an eviction lawsuit). If she never paid any form of rent then she will be deemed to be a "licensee" (i.e. someone who was invited onto the premises and permitted to stay), in which case you need to will file for an "ejectment" suit.

In either case, you will have to first serve her notice to vacate. If she still fails to leave, then you will need to go to court. Once the case is settled in your favor the judge will issue a "writ of possession". With that in hand, if she fails to vacate the premises, you can have the sheriff come and remove her physically if necessary.

At this point, you should consult with an attorney who specializes in landlord-tenant matters. They can best advise as to specific state law.


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