We have been together for many years and I recently caught her smoking methamphetamine. Since then she has been extremely hostile and become a danger to myself and possibly my sons. I asked her to leave and she physically assaulted me. I did not report the incident because she took my phones and wallet and left in my truck. We have been having problems for months now and she is not acting sane. I want her out. I pay all Bill's and am sole source of income. But she does receive mail at my address. How do I go about getting her out of my rented apartment?
If she does not have a lease, then you need to file an action to "evict" this person. The action to remove a guest who no longer has permission to reside in a residence is called unlawful detainer in most states. The fact she gets her mail there does not prevent her from being evicted, however, law enforcement will generally not trespass someone from a property where they get their mail or the address on their driver's license.
It is probably worth hiring a lawyer to file the eviction papers for you as even small technical flaws in the paperwork can require a landlord to refile papers. Lawyers who specialize in residential evictions often offer these services for a relative modest fee.
Any answer provided on the AVVO website is for informational purposes only and does not constitute legal advice for your specific situation. You should always seek legal advice before taking any action which may affect your future rights. Your local legal aid office may well provide information or access to free legal advice and your state bar organization may provide referrals to reputable attorneys who will provide advice on a reduced cost basis.
You could’ve had her out immediately if you reported the domestic violence. If you don’t report the violence, assuming it happens again, then you’ll have to go through the entire system of serving her with a notice to quit and then filing an evection action. It sounds as though you really should get her out on DV you could’ve had her out immediately if you reported the domestic violence. If you don’t report the violence, assuming it happens again, then you’ll have to go through the entire system of serving her with a notice to quit and then filing an evection action. It sounds as though you really should get her out on DV, or report the drug issue.
Good luck, because once you serve her with notice to quit she’s going to become a real problem.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
I agree with the other attorneys, but would note that if your GF is a co-tenant (e.g. by being named in the lease, or by making rent payments directly to the landlord), then you would not have legal standing to evict her - only the landlord would. However, you would still be able to pursue other legal remedies, such as obtaining a restraining order.
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