Q: What is the process for eviction in Hamilton County, TN of an unwelcome houseguest?
I am the sole homeowner. My now ex-girlfriend has lived with me for approximately six months without a lease agreement or any money paid towards the mortgage or bills. I don't wish to be particularly rude about the eviction, but the emotional stress of living with her along with her habitual drug habits, pawning of random appliances, and unauthorized use of my debit and credit cards have made her untrustworthy of remaining in the house. All the answered questions I can find involve lease agreements/lack of rent payment/destruction of property in a tenant-landlord relationship. What are the proper steps to removing her from the household in the case of a homeowner-houseguest relationship?
A: There is no separate formal process. I would suggest calling the Police and ask for their help in removing a trespasser. I assume you have already given her notice that she needs to move out. You don't actually say you want to break up with her, just that you want her out of your house. I suspect however that the result will be the same. If you haven't told her directly , do so immediately before you call the Police. Give her a reasonable deadline to get moved,( 30 days? find a new place and get moved). The problem is, the police don't always want to help in these situations- they may view it as a landlord -tenant relationship, especially if she has been there 6 months. Be prepared to prove to them that she is not a tenant, just a guest, ( copy of your deed showing your name only?- utility bills in your name only?) You should also be able to show them that she was previously given the deadline to move, and has refused. If the police won't help, your only option is to evict like a landlord, but you will still be proving the same thing to the judge: this was NOT a lease, but simply a guest, and the relationship is over.
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