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Subject:
Ex-girlfriend still living with me rent free and refuses to move out
Category: Relationships and Society > Law Asked by: musicman56-ga List Price: $35.00 |
Posted:
08 Oct 2006 22:42 PDT
Expires: 07 Nov 2006 21:42 PST Question ID: 771878 |
I own a home in Albuquerque, New Mexico. My girlfriend of 8 years (who has actually only lived with me for the last 10 months) and I broke up 4 weeks ago. In short, I found someone else. I agreed to let her stay a month or two to get her finances in order. She pays no rent or utilities whatsoever. She used to buy most of the groceries once she moved in with me, but that ceased altogether once we broke up, so now she is staying with me absolutely for free. After the blow up, I had her sleep in a spare bedroom. Meanwhile I'm still sleeping in the master bedroom but with the door locked, as she threatened at one point to cut off part of my anatomy with a knife while I slept. Initially she had located a place to move and demanded $1400 for first and last month's rent on the place. I agreed and got a cash advance on a credit card and gave her the money. Supposedly she was leaving within two days. That was over three weeks ago. The day after I gave her the money she said she didn't get the apartment, as someone else rented it just before her. A week or so later she demanded $5000, as she's laboring under the delusion that I have a lot of money at my disposal, failing to realize I have a very expensive mortgage and numerous other bills. I told her I did not have the money to give her, nor could I afford to borrow it. I could only offer her--as I had offered earlier--a couple of months of living with me rent free while she saved her money toward moving. Now she says she absolutely will not vacate the premises ever until I give her $5000 and is quite belligerent and petulant about it. The situation has become extremely uncomfortable to say the least. I would like her to be out within 30 days at the very latest. That would be 7 rent-free weeks plus the $1400 I gave her to help her move. I think that's adequate to get situated elsewhere. How do I go about getting her out, giving her official legal notice, and so forth? I'd like to be able to notify her that the locks are changing on such and such a date and that she must be gone by then. She has several items of furniture in the house, along with enormous amounts of clothes and some kitchen items. Half the two-car garage is filled with boxes of her stuff that wouldn't fit into the house. |
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There is no answer at this time. |
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Subject:
Re: Ex-girlfriend still living with me rent free and refuses to move out
From: probonopublico-ga on 08 Oct 2006 22:56 PDT |
This is a tough one, in view of your long relationship. It looks to me as though it could be messy as a divorce and then some. Maybe if you could secretly record some of your conversations with her, that might help ... her physical threats particularly. However, I know absolutely nothing about New Mexico. Clearly you need a good lawyer. Correction, a VERY GOOD lawyer. |
Subject:
Re: Ex-girlfriend still living with me rent free and refuses to move out
From: daniel2d-ga on 09 Oct 2006 06:10 PDT |
If she has made a threat or threats record those. Go to court for a protection order that would order her out of the house - with the assistance of sherrifs deputies, if necessary. Also, start eviction proceedings in landlord tenant court. Give her written notice to vacate the premises immediately. Consult an attorney - go to legal aid if you cannot afford one. Do not give her any more money. |
Subject:
Re: Ex-girlfriend still living with me rent free and refuses to move out
From: rosicrucianpope-ga on 09 Oct 2006 07:33 PDT |
The comment from daniel2d-ga covered the issue perfectly. New Mexico is not a common-law marriage state, so the issue of how long she has lived there is immaterial. However, the fact that you have had a relationship does complicate things, because it becomes a "domestic" relationship under the law. The next time she makes any threats, I would go to the police station (don't bother calling them out, unless you feel the threat is actually credible) and file a report. With the report in hand, you can now look into getting a Personal Protection Order (PPO) -- a restraining order. I don't know the PPO process in New Mexico, but here in Michigan there are special forms for domestic and nondomestic PPOs. As far as the eviction process goes, you will definitely need a lawyer for that too. Because there is no formal lease and no rent being paid, that muddies the eviction issue. As the esteemed probono noted, you need a VERY GOOD lawyer. |
Subject:
Re: Ex-girlfriend still living with me rent free and refuses to move out
From: brymich-ga on 09 Oct 2006 08:03 PDT |
I would have to say that if no contract/no agreement is in writing. Then you can move her and her stuff out at anytime. If she is not on the mortgage and has no claims to the house/property. She has no right to the house. I don't want to sound insensitive about your relationship with her. But, if you can just find someone else (which is good) and then dumb her after 8 years. You can grow enough guts to toss her junk out. I understand you want to be a nice guy and everything. But you gotta do what you gotta do. Besides, all she is doing is robbing you. You can't do anything about the money she already took. But DO NOT GIVE HER MONEY. Espeacially after threating your man stuff. My brothers friend was just kicked out of his girlfriends house. They were together for around 6 years. Living together for a year. She kicked him out and he has no grounds to do anything. This is in Michigan. In regards to a lawyer. You probably don't need one. How can she even take you to court? Does she have any legal documents supporting her case to the house or living in the house? Good luck. |
Subject:
Re: Ex-girlfriend still living with me rent free and refuses to move out
From: musicman56-ga on 09 Oct 2006 14:30 PDT |
Thanks for all the helpful comments. There is no written lease or rental agreement. She's not on any of the house documents. I purchased the house before I ever knew her. We did have a verbal agreement that her contribution toward the household expenses once she moved in last December is that she would buy the groceries and kick in $100 or $200 monthly. The groceries she followed through on, though that has now ceased as of a month ago; the rest she didn't and I just let that go. Looks like I better consult a lawyer and see about starting eviction proceedings. |
Subject:
Re: Ex-girlfriend still living with me rent free and refuses to move out
From: nelson-ga on 09 Oct 2006 20:08 PDT |
Throw her crap in the street and change the locks. |
Subject:
Re: Ex-girlfriend still living with me rent free and refuses to move out
From: probonopublico-ga on 09 Oct 2006 21:31 PDT |
I would also burn her broomstick. |
Subject:
Re: Ex-girlfriend still living with me rent free and refuses to move out
From: frde-ga on 11 Oct 2006 03:34 PDT |
I agree with Probo, tape record some of her excesses, it may not be legal, but it will give you ammunition. You sound as if you need to see a lawyer, but get his/her fee structure agreed before you commit yourself. There is a possibility that she is actually helpless and needs assistance finding a place - but her cash demands sound a bit opportunistic. |
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