Q: My girlfriend and I live together in my home. We are separating. How much time should I allow for her to move out?
We have lived together for 1.5 years in my home that I own outright. We are separating and I am asking her to move out. We do not have any kind of lease agreement and she does not pay rent. How much time does the law allow for her to remain in the residence? I am going to write a formal letter and sign it today. Are there any other steps I should take to protect myself if there is a conflict?
A: If your girlfriend has been living with you without a formal lease and doesn't pay rent, she may be considered an at-will tenant or licensee in many jurisdictions. Generally, for at-will tenancies, you would need to give a notice equivalent to the pay period, which in this case might be seen as a month, even if no rent is paid. Therefore, a 30-day written notice to vacate is commonly accepted practice. Draft a clear and dated letter specifying the move-out date and keep a copy for your records. If she refuses to leave after the notice period, you might have to pursue a formal eviction process through the courts. Additionally, ensure all communications remain civil and document interactions to avoid potential legal complications. It may also be prudent to consult with local legal counsel regarding specific state regulations and best practices.
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