Q: Son Brett (disabled) owns home. Son Todd lives with son Brett. Todd moved girlfriend in 2 1/2 yrs ago. She doesn't pay.
Todd and girlfriend are in process of breaking up. She is leaving premises. How long does she need to be gone from premises so that Brett can legally refuse to let her return.
A: It is not a question so much of length of time but rather intent. If it is clear she is terminating her residency there, that is all that is need once it is completed, ideally by returning her keys. If she fails to actually move out, Brett likely can go to court to force her out. The real issue is whether Todd ever invites her back. The legality of that likely depends upon Todd's status in the home (guest? tenant?) and how she is asked back. It could be messy, depending, so Todd's status might be clarified formally if it is not already.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
