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[fiacre68]

me my GF and her brother live in a house and we have had an extra roommate now for about 6 months, last 3 months shes been late in paying her side of the rent, and this month shes only paid as 100$ out of the 300$ of her side of the rent, she constantly leaves her clothes all over the place does drugs in the house, an is has no respect for the house in general at all. the night she got back from jail, we told her she has a few days to find a new place and that we have already packed up her stuff and set it in the garage, she said ok i understand ( witnesses me, my GF( who told her) GFs brother and his GF) its been about 2 weeks and she does nothing but eat our food and sit on the couch and watch tv all day, as off march 21, we gave her a notice that since she still owes us first months rent and rest of march rent and shes doing nothing but eating all of our food and not doing anything to better her situation. we gave her till friday night to be out.

today my gf told me that she said she wasn't leaving until next Friday and she had looked up some law about she has 3 days to respond to the notice and then 7 days till she has to leave..

now the main question is since she isn't on the lease at all, does this "law" pertain to her. or should we just call the cops ( original plan if she didn't leave by Friday) we have a copy of the letter we gave her and signed by all of us, and a copy of the lease.

any help would be WONDERFUL

[oakley]

no lease, no stay change the locks on her. and take her to small claims court for the remainder of the money

[tate8]

It really depends on your local laws but chances are she is in the clear legally until the laws permit. Even if she is not on the lease it was still here home of residence. This means that you need to follow your local laws regarding the eviction process. Most states have laws in place regarding the eviction process when someone is failing or refusing to pay rent that may help speed up the process. This sounds like what she researched and gained info about. Some states have what is called a "kick out" order and there is a process but it expedites the process.

You may want to contact your local law enforcement agency but chances are they will tell you it is a civil matter, which it is. You can also go to your local court office and get information on the eviction process, how to serve the person, the time limits and restraints, and the entire process in general. That is where I would start first as you will need to have the local law enforcement agency in your area serve her with the papers.

The fact that she does drugs in the house means little and you and the other roommates are just as guilty and responsible of the property. Of course if she recently got out of jail and is on parole or probation you could always contact those agencies and the officer in charge of her and let them know what is going on. They might find a reason to violate the terms of her probation and send her back to jail/prison.

Good luck