Old 03-20-2016, 06:56 AM
  # 38 (permalink)  
redatlanta
Member
 
redatlanta's Avatar
 
Join Date: Sep 2012
Location: atlanta, ga
Posts: 3,581
Yes, you definitely need to consult with an attorney tomorrow to find out what the process is to remove her. I am assuming you do not have written lease with this woman. Depending on whether she has been paying you rental payments may change the process - she might fall under "tenant at will" as opposed to "tenant". A verbal lease could have a different legal path to evict.

Did you send, via certified mail, a notice to vacate? Or did you just ask her to leave and give a verbal timeline? I don't see mention of a notice to vacate, it may be that you will have to produce one, wait the allowed time, and then file a dispossessory. In my state a verbal notice is 60 days, not 30, then the dispossessory process takes about an additional 45 days. Your state may be different.

I agree with Seek, you would be well served to pay this woman to get the hell out of your home if she will accept it. Sanity is priceless, I can't imagine the stress of living with her during an eviction process. I see that you made that offer before and she turned it down. Understand that her goal is to stay there as long as possible. She may very well be more schooled in the process of removing a resident than you are (my husband and I own several rental properties, and it never ceases to amaze me how well versed non-paying tenants are in their rights and the process of dispossessory and eviction). Her refusal to accept those terms previously could have been a simple game of chicken which A's and Addicts play well.

If you have not mailed her certified mail a letter to vacate you could be looking at 90 days plus to get rid of her. I am hoping that your State or local laws are different than what we have to deal with - although with a written lease the laws are in our favor, and the process is expedient. This is why I won't verbal lease a property EVER under any circumstance.

Sometimes when things are official, legal papers are presented and so forth (even an agreement for her to leave with cash in hand), people change their tune as to what they will accept or do. Until she understands you mean business I don't see her changing her game plan at all. P.S. if you are still having relations with her I advise never again. It sends mixed messages and confuses you both.
redatlanta is offline