saginawmom
New Member
I am helping a family member in an attempt to evict his girlfriend from his home. He owns the home, there is no lease between the two of them. They have two children together. They have an on-and-off again relationship, 3 or so years ago they once again tried to reconcile. She moved back in to John's home. It was OK for a while, but they began arguing again all the time and for the past year it has been a daily, constant battle. The relationship has broken down to a point of John living basically in his 10 x 10 bedroom, (out of a 5-bedroom house). She screams and fights with him on a daily basis. He tries to simply avoid even seeing her because the two teen girls do not need to see the arguing. John has asked Chris (his girlfriend) to leave many, many times. She refuses to go. She is a nurse and has the funds to seek alternative housing. John has continued to pay her child support even while they all lived under the same roof, so she can't claim he is behind on any support or the such. She has sole custody of their two children. John would love to have the girls stay with him and just have Chris leave, but there is no way she would let that happen, she wants that child support to badly. He understands this is just the eviction process and any custody issues are for a different court. The girl's are teenagers and understand their father isn't throwing them out in the street, that their Mom has a good job, makes good money, can afford an apartment, just like she did last time they broke up, and he pays her a large amount of childsupport. They are not mad at their dad for starting eviction on their Mom. They just don't want to listen to the fighting any more.
We went to the courthouse, she has been given a 30-Day Notice to Quit. She left him a note stating, "get ready for court, this notice doesn't mean didly". When the 30 days is up, we will go back to court, and get her served and set the date to go before the judge. Won't that be it, at that time, the judge will ask John why he doesn't want Chris living there anymore, he will say she is argumentative and that they were unable to reconcile their relationship. The living environment is intolerable. She has also brought in two dogs, without the home owner's permission who are destroying his home. Those were the reasons stated on the notice to quit, emotional distress and two dogs. John owns the home, Chris has no claim to the property, she was a month to month tenant (she never contributed to the house payment or the taxes). Is there any way the judge could force John to live with someone that makes him miserable? Won't the judge tell Chris she is evicted and has 30 days to vacate? How can someone stay in a home they don't own and aren't wanted. The two lawyer's I spoke to on the phone said John would have to get an attorney or he might not get the eviction against Chris. That he would need to know the specific statute of point of law to argue or the eviction might not be granted. That sounds crazy to me, but I didn't go to school for all those years, nor pass the bar.
Please help me with any advice. I don't want to steer my cousin wrong. If he truly needs an attorney to simply evict a girlfriend from his home, i will tell him to get one. If this is an every-day eviction, just follow the steps given to us at the courthouse, we will follow the steps and wait for out day in court and the judge to rule against Chris (the girlfriend/tenant).
What ever the worst case scenario is...Chris will take it to that. She is mean, vindictive and will drag this out in any way just to be spiteful.:dgrin
Thank you,
saginawmom
We went to the courthouse, she has been given a 30-Day Notice to Quit. She left him a note stating, "get ready for court, this notice doesn't mean didly". When the 30 days is up, we will go back to court, and get her served and set the date to go before the judge. Won't that be it, at that time, the judge will ask John why he doesn't want Chris living there anymore, he will say she is argumentative and that they were unable to reconcile their relationship. The living environment is intolerable. She has also brought in two dogs, without the home owner's permission who are destroying his home. Those were the reasons stated on the notice to quit, emotional distress and two dogs. John owns the home, Chris has no claim to the property, she was a month to month tenant (she never contributed to the house payment or the taxes). Is there any way the judge could force John to live with someone that makes him miserable? Won't the judge tell Chris she is evicted and has 30 days to vacate? How can someone stay in a home they don't own and aren't wanted. The two lawyer's I spoke to on the phone said John would have to get an attorney or he might not get the eviction against Chris. That he would need to know the specific statute of point of law to argue or the eviction might not be granted. That sounds crazy to me, but I didn't go to school for all those years, nor pass the bar.
Please help me with any advice. I don't want to steer my cousin wrong. If he truly needs an attorney to simply evict a girlfriend from his home, i will tell him to get one. If this is an every-day eviction, just follow the steps given to us at the courthouse, we will follow the steps and wait for out day in court and the judge to rule against Chris (the girlfriend/tenant).
What ever the worst case scenario is...Chris will take it to that. She is mean, vindictive and will drag this out in any way just to be spiteful.:dgrin
Thank you,
saginawmom