unwanted housemate refuses to leave

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sfletcher

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We (my, my wife, and my 8-year-old-daughter) decided to rent our guest room. The woman who moved into the room seemed like she might be a good tenant. We met with her three times and shared two meals with her before deciding to move forward. After living here a week, however, she began to exhibit unstable behavior and we're frightened. Today she threatened to sue, and I feel as though I should hire counsel, but I am afraid I can't afford it.

On her move-in date she was supposed to sign a lease. It was a boilerplate lease that covered a lot of details which weren't particularly relevant to the room. She said she didn't want to sign a lengthy lease, and I initially understood the reservation. She responded with a written agreement of her own which included the bases that I wanted covered, but then she didn't sign that either. (She emailed it to us, which seems to be an argument in my favor. Without the drama that has unfolded since that day, it would seem that refusing to sign a lease or a rental agreement would be sufficient grounds for me to evict her forthwith.)

The room was supposed to be rented "furnished". She said that she wanted her own bed, and her agreement said she would store our bed at her expense. We found a place in our basement for our bed instead. She then moved a lot of furniture into the room and moved our furniture into our living room (a desk, a bedside table, and some small amenities). We conceded and found places to store our belongings. The next day, she set up a small office in an adjacent room, which wasn't part of the agreement. She moved some large cardboard boxes into the living room which contained things she apparently didn't have space for in the room we were renting.

Now, all of this would be resolvable if we had the opportunity to address it with her. She becomes agitated and aggressive very easily, yells, and has indicated that she refuses to talk to my wife under any circumstances.

At the end of the first week we tried to talk with her, at which point she said she would be moving out. She said she would start to look for a space. The next day, we tried to talk with her again, but it also didn't work. To protect ourselves, we delivered her a 30 day notice and began the eviction process. She accepted the notice but hasn't opened the envelope. I mailed a copy of it to her so there would be no doubt that we indeed gave her a 30 day notice.

Last Saturday she demanded that if she moved out early we would have to reimburse her for her rent. I offered to split the difference with her if she moved out early and left the room in good order. Today she claimed that we were trying to make the situation unbearable so she would be forced to move out before she could find a new room. Then she threatened to sue us.

I'm curious, before I hire a lawyer (which it seems like I ought to do) whether or not she has any grounds to follow through on this threat, or if it's just meant to scare us more.

Thank you very much for your response. I guess I should also add that I own the house.
 
Because there was is no written lease, your tenant would be considered to be a month to month (or week to week if she pays her rent weekly) tenant. In most states such leases can be terminated with a 30 day notice (which, it appears, you have provided to her).

If, after this time period she still hasn't left then you file for eviction. With a month to month tenancy it's a pretty cut and dried process.

At this point there is no need to hire an attorney unless you believe that by doing so, she will move out earlier. Many people threaten to sue; the vast majority never follow through with this. What, exactly, does she think she can sue you for?

These type of situations are, unfortunately, very common when folks who are strangers get thrown together in a close living situation.

Gail
 
Last night she checked into a hotel very late. Without knowing for certain what her position is, I think she would try to recover the cost for the hotel.
 
Well, as my grandma used to say, people in hell want ice water but that doesn't mean they are going to get it.

Remain professional around this woman until you get her out of your place.

Gail
 
Thank you, Gail. This makes me feel better.
Is there a way for me to search a law server to find out if there's any precedent for this?
She has not returned for four days. Her food is spoiling. I've tried emailing, but she doesn't respond.
I will call her on Monday to ask what her plans are, but she may not take my call.
I think my next step is to file an "unlawful detainer" at the end of the 30 days, but what if we can't serve her (because she's not here)?
 
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