My dad owns a house that my ex and i lived in, we broke up, ive been staying in a camper else where and she wont move out.. she doesnt pay rent and there is no rental or lease agreement
Even though there is no formal rental agreement or lease, your girlfriend probably has rights as a tenant. Your father, as the homeowner, is the landlord. He will need to give her a written notice of termination of tenancy. If you and she paid rent while you resided there and she has stopped paying rent, your father may be able to show a "verbal rental agreement" and issue a 72-hour notice of termination of tenancy for nonpayment of rent. The downside to this option is that she can "cure" the default by paying rent within a specified time. If neither of you paid rent while you were living there, your father will have to give her a no-cause termination of tenancy. The amount of notice will depend on how long the two of you lived there. Notices must be in writing, on paper, signed by your father, and properly delivered to your girlfriend. I encourage your father to confer with a landlord-tenant attorney. A notice that is not in proper legal form can result in an eviction proceeding being dismissed and your father being unable to terminate the tenancy (except for nonpayment of rent and a few other extreme circumstances) for six months after a failed eviction attempt.
Ultimately, either she willingly moves out on her own, or the owner of the house (your father) has to seek and then enforce a court order of restitution to have her lawfully removed.
It's not clear whether she's legally a tenant or not. If she *is* a tenant, then the homeowner can properly serve her the correct notice and then seek to evict her thereafter (assuming she does not timely cure.)
If she's *not* a tenant, however, then an eviction proceeding won't work, and instead he'll have to seek an ejectment proceeding to remove her.
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You would do well to heed Mr. Parks advice. The first issue is whether she there is a landlord-tenant relationship between her and your father. If so, then eviction is the route to follow after providing proper notice, lawfully served, etc. If she (or you and she together) ever agreed to pay rent (regardless of whether you actually did), there likely is such a relationship. If instead, she simply is a guest that has overstayed her welcome, then there likely is no such relationship and your father will need to seek to eject her instead. Notice is not required but it normally takes longer and is more expensive than evicting someone. Regardless, the place for him to start is to review everything with a local landlord-tenant attorney.
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