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needinggoodadvice2014

domestic partner eviction

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My domestic partner will not leave the house that I own.  I have requested since June for her to move out, she leaves and comes back and now she says i'm not leaving its my house too. 

 

She attacked me physically, i called the police they came to the house and said if she gets mail at the residence she does not have to move out.   

 

The mortgage is in my name only and she has not paid one dime in 17 months of the mortgage.  

 

She does have a cabletv account at the address. 

 

I went to the eviction office and they want a ledger of paid rent.  Since she has not paid rent ever I'm not sure what to do.

 

Any advice on where to turn would be greatly appreciated. 

 

thanks

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Don't expect the police to know the law.  You don't mention charges, which is odd (usually it's department policy that the accused must be charged with domestic assault).  You're free to seek a restraining order, and you're free to pester the prosecutor about initiating assault charges.  (Of course, she may decide to declare that you attacked her, so expect the worst.  I'd also start videotaping all interactions with her.)

 

"I went to the eviction office and they want a ledger of paid rent."

Never heard of an "eviction" office, nor some staffer asking to see a "ledger of paid rent." 

 

While you're working on the restraining order, I suggest mailing to her a 30-day notice of termination of her tenancy (by traceable means), and also showing on it that a copy was posted in a conspicuous place.

http://www.mslawyer.com/statutes/landlord.html

 

If you need help navigating the system, you may need to talk with a real estate attorney that does landlord tenant work.  That person might advise that in addition to the 30-day notice, you also issue her a notice that as of X day (I'd give it a week), she'll need to cough up $ (some large, but not too outrageous amount) per week as rent.  You can proceed for an unlawful detainer order after the original 30-day notice is up and she hasn't moved.

 

As an aside, it isn't relevant whose name the mortgage is in (and wouldn't be relevant even if you were married).

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she leaves and comes back

 

Might have been a good idea to change the locks when she left.

 

 

 

She attacked me physically

 

Consider seeking a restraining order.

 

 

 

I went to the eviction office and they want a ledger of paid rent.  Since she has not paid rent ever I'm not sure what to do.

 

Any advice on where to turn would be greatly appreciated.

 

I don't know what you mean by "eviction office."  Your ex-girlfriend is your tenant (regardless of whether she pays or ever paid rent), and you'll have to comply with the applicable law to get her out.  I suggest you retain the services of a local attorney who handles this sort of thing on a regular basis.  The cost will be worth it to make sure it gets done correctly.

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While in some states a person won't be considered a tenant if they don't pay rent, (i) I don't know that MS is one of them, and (ii) the person can always lie and claim they pay X in cash. 

 

Some people are programmed not to fib about such things, but by and large you can expect someone to lie when they think it's necessary to achieve Y.  Of course, some folks can be tricked into revealing something, not thinking it bears any relevance.  Here, she might admit in a text or an email or on audio recording that she's never paid rent.  (MS is a one-party consent state, so you can record a conversation with her without ever bothering to mention that you're recording.)

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Hi needinggoodadvice2014,

 

Since you were attacked physically, you can try filing for a restraining order. If granted, restraining orders usually include a "stay-away" order specifying the distance your ex would have to stay from you, your home, your work, car, etc. Since she lives with you, she might even be ordered to move out of the home -- but that very much depends on Mississippi's laws and the specifics of your case. Take a look at some of the resources available to victims of domestic violence.

 

Another way to get her out would be to treat her like a tenant and evict her (learn more about the eviction process here). You would have to serve her with a notice to vacate, and then take her to court if she does not comply. Someone above mentioned that Mississippi might not consider her a tenant if she didn't pay rent, so please consider talking to a local landlord-tenant lawyer to discuss your legal options. Best of luck to you!

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