We have power of attorney over our duagters children and had them for over 2 years. She came for a Thanksgiving dinner and has been asked to leave multiple times and refuses for various reasons. How do I evict her, process, and forms
You have to give the tenant a 30 day notice if they are essentially an overstaying guest who does not pay rent. If she paid rent at any point since Thanksgiving, or you had an agreement for her to do so, then you must give her a 3 day notice to pay rent or quit as well as the 30 day notice to leave. These kinds of documents are all over the internet, but to ensure they adhere to the state laws and the local rules of court, I recommend you find a local attorney to prepare the documents. If she still does not leave then you will have a file a forcible detainer motion to evict her, and again you should have an attorney to navigate these waters with which you are unfamiliar. Good luck!
Unless your daughter has an interest in your home (owner/tenant), then she is simply a guest.. When a person will not leave your property after being told to do so it constitutes trespassing and can be charged as a crime. You would be within your rights to ask her to leave and when she refuses call law enforcement to have her removed. That said, it may not be best for your grandchildren to see their mother forcibly removed from your home. However, you should not need to file an action with the Court, and incur time and expense, to have your daughter leave. The best option might be to tell your daughter very clearly that she needs to leave and must be out within a few hours. Tell her that if she refuses then the authorities will be called. If that happens, it would be best to have the children somewhere else so they do not witness the incident.
The above is merely a legal opinion, and the person asking the question should contact an attorney to fully develop the facts of the case to make certain any legal action you take is right for your situation. The above opinion is not meant to establish an attorney-client relationship, and no inference of such a relationship should be made in that regard. No action will be taken on your behalf to forward your case, and you should be aware that time may be of the essence regarding your case.
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