My father passed away on Tuesday. His girlfriend refuses to leave the home that is in my name. Do I have to evict her or give her notice or can she just be put out? She is not a paying tenant.
Obviously, the answer is going to depend on where the property is located.
The house is in your name – so your name is on the deed and you just allowed your father and his girlfriend to live there?
If that’s the case AND you’re in the US, then it’s possible that the girlfriend is legally a month-to-month tenant. She would be in my state. If she is, you must give her whatever notice the state requires that her tenancy is being terminated (it’s 30 days in my state). If she fails to leave, THEN you have to evict her.
HOWEVER, if the deed to the house is NOT in your name, but you expect to inherit it, then you cannot do diddly until AFTER probate is opened and the EXECUTOR is recognized by the Court. Then HE can decide what to do with the girlfriend.
Be very, very careful how you proceed. If you violate your city/state’s landlord-tenant laws, you can find yourself in serious legal trouble. GET LEGAL ADVICE, not advice on Quora!
Instead of being an asshole and just trying to put her out without notice, why not just give her a 30 days notice? Don’t you have enough OTHER things to do, since your father JUST died a couple days ago?
And might I suggest that if this daughter is the deeded owner, that she sweeten the pot with cash? Maybe two thousand dollars cash money, IF she’s out in thirty days, might be enough incentive, especially if she has a family member, who she can stay with, while she searches for her next home.
if she’s a month-to-month tenant (which she would be in my state), then 30 days notice is the law. It’s more in some places.