Being Evicted From 'Their' House when you are family , friend or partner? Here's what to do

Sounds like someone playing victim status because they wore out there welcome, is irritated because the person who was helping them out finally got tired of their BS.

This mindset is really irritating

I like how everyone is automatically assuming the person kicking the others person out is a bad person.

Thats not at all how these situations play out every time, I have had several people I have tried to help abuse that gifthorse , and I have had to kick them out.

a reply to: GeneralMayhem

If your girlfriend has never made any payments towards the mortgage or bills and you don’t have a written agreement allowing her to live there, then she doesn’t have any legal rights to stay if you (as the owner) want her to leave. Because of this, there is no set amount of notice that you must give her if you want her to leave.

Usually, it is a good idea to give the person reasonable notice that you would like them to leave so that they can find somewhere else to stay. In your case, you say that your girlfriend has begun to become verbally and physically abusive. It’s important you don’t put yourself in danger so may want her to leave quite quickly. You can give notice verbally or in writing.
Once any notice period has ended, you are within your rights to change the locks.

LegalBeacon :
With no lease, your gf is deemed to be a month to month tenant. As such you can terminate the tenancy by giving written notice at least 30 days prior to the end of any month period. If she does not leave voluntarily, you will then need to give a 10-Day Notice to Quit...meaning she must within that period or vacate the premises. Then, if she still has not left, you must file a petition in small claims court for an eviction order. Once that is granted...which is a simple process...you can have the sheriff evict.

If she lives with you, she may be considered a tenant. In t hat case, legally, you will need to follow landlord/tenant law and get her removed. Normally this requires 30 days notice and then going through the eviction process. If she is just a guest, then you can order her to leave, if she refuses, you can call the police. I suggest you speak with a lawyer to figure out which one she is and which actions you can take.

One of those should fit the bill? overstaying guest or tenant!!

You will most likely get a letter stating that only people on the lease are protected. The landlord could even evict both of them for subletting an appartment.

Sounds like some sound advise.


..if you want to get someone killed.


Good for a bad tenant/landlord relationship. But for a domestic issue, it's best to just leave.

a reply to: Reverbs

For those who don't know... at least in my state.. If you move in, and even if you've never paid rent you cannot be evicted before 30 days after written notice..

Many thanks for that clarification . My brother had this trouble with an ex . By the time he found what a snake she was , he ended up living elesewhere than his flat for over a month paying London rent for her to eat out his cupoards and waste the hot water . she even moved someone else in there during that time

a reply to: eletheia

Good examples of the balls people often come out with , except for number 2 which appears spot on imho

a reply to: SailorJerry

Everyone has got to live somewhere but every case is different . So occasionally we ask where supposedly qualified law enforcement agents sometimes get their ideas from . And others are credited with knowing the value of the law in any circumumstance.

a reply to: pointessa

I imagine not.

If I buy a bed, give payment and then take receipt I simply cannot lay on the bed in the shop and claim I now officially live there.

Plus as somebody mentioned, an unregistered resident can be grounds for eviction since the lease is individual-related. If a person is renting from a housing association or are having rent subsidised (ever common today) then they could potentially face prosecution.

Ultimately though, you can be an actual resident of a location. If the police get involved as they often do when someone tells another to leave, it then becomes the sole duty of the police to keep the peace. If that means removing somebody then that's what will happen..

As for claiming residency, I can only assume the proceedings of law. If someone can claim successfully they live there e.g. Letters, tenancy agreement then they can stay. I hardly think a set of drawers or a mattress can count as proof of residency.

Proof is key. Rights can be different depending on circumstances, like private accommodation VS public housing. Safe to say though basic human decency always applies, as humans we have rights.

Nobody under any circumstances should be made to live on the streets, homeless doesn't mean shelter-less . Lawfully it's illegal for humans to be without shelter that is fit for purpose in the UK and rightfully so.

Op?

Would you say she would potentially be in danger or would suffer undue stress, anxiety or harassment by staying there?

Has she sought legal advice?

Does she know the landlord?

The person the landlord made the agreement with has no responsibility for her housing, if they are not in any kind of relationship recognised lawfully and she doesn't have her name on the tenancy agreement then she has no legal right to be staying there.

Does she have evidence to claim she resided their?

I mean honestly? I don't see any good coming from trying to be their, if anything it's her who will in up in trouble. She'll need evidence she lives their for anything to be done soon.

Right now it'll be best to find shelter. She should have a few options depending on where she is. I can provide links?

a reply to: RAY1990

Could she maybe come and stay at your house ... for the time being ? Actually ,maybe that's not such a good idea . She's decided to leave her job and the nasty so and so behind , poste haste , so it's being worked on 24/7 as yet . Her friends from Cheshire get back from ski-ing soon , but they've no reception where they are . So its been hectic with her coping alone on it . They'll have stern words for him when they get back and will likely enough sort her out accomodation wise for the imminent daysDon't worry yourself in the slightest though , it'll be fine

I live in a place (we've been here for 2 years) and there's zero lease. Rent is due every Friday or you're kicked out that day. We have seen landlady kick out tons of tenants, left and right.
Even the cops and judges are on the landladys side.
Indiana.
I think it's highly against the law but then again the cops in this town sit outside the only bar in town and give tickets to people leaving the bar - I'm talking those walking.

a reply to: GeneralMayhem

Has she got in touch with the local council?

She should make an application for being homeless, she should get emergency accommodation. Most councils have an out-of-hours number for emergencies such as home damage, unsecured homes etc. They would most likely be best to contact right now. The advice might be to arrange emergency accommodation right now with what's available.

This might be a hostel...

They may be awkward about their duty to provide, don't take no for an answer.

PM me if you like, for what it's worth I would offer a hand, accommodation... I'm not really in the position to offer and I live in the north east. I don't drive. I have a tent though.

I genuinely hope she gets some support and at the minimum a warm bed for the night, this isn't the weather for being on the streets.

a reply to: RAY1990

Thanks very kind . Realistically , they both should have known exactly what her rights were in the first place . With the 4 weeks notice there would no need at all for emergency measures of any kind . She is not the type who appreciate going to a hostel with all her things , at very short notice . I can fully understand that , what shee needed was to know her rights and that there was a roof over her head , and her things of course, at least for the time being, no matter whatever went wrong with the relationship

a reply to: GeneralMayhem

originally posted by: eletheia

a reply to: GeneralMayhem
Looks to me like an invited guest has just been uninvited

you are both correct.

technically she is a resident not a guest once her id reflects that address.
morally she is a guest as it was his house first. also who pays the majority rent/bills plays a factor.
nonetheless if her id has that address and shes been living there then she is entitled the eviction rights of any resident.
@eletheia serving him that notice is a good move to stall while she finds a place to go asap, but ofc the law should give her the eviction right of notice, 4 weeks as you say but can vary by local laws.
@generalmayhem she realizes shes no longer invited that doesnt change the fact she is entitled to some time to prepare to move,