Stu: The unfortunate thing about the law is that it`s more of an art than a science. It is rare that there is a completely correct answer to a given situation. This is often due to the perception of the factual basis of a given situation. What this actually means is that you can`t safely know until «your» judge has spoken. That said, you are facing a real problem getting rid of this roommate. There is no easy or quick way to get a court order and, in fact, it can be so impractical to file an application for a notice of ownership with the Supreme Court that you won`t consider it a realistic option. Quite often, you can get the police to enforce the eviction, but that`s not a guarantee. Whether the police will remove a roommate will depend on the legal opinions of each official. Personally, I think the police should help you kidnap the roommate, because the roommate becomes an intruder as soon as you ask her to leave independently of a contract. However, as you can see, there are public servants who have different opinions. Regarding your written agreement, is it mandatory? The short answer is that the agreement informs the terms of the contract with the roommate These are not the only conditions, but they are a few of them. Whether you have agreed to other conditions, it is also possible to modify the agreement.
Do you think you have respected the terms of your agreement? Do you think that sufficient notice has been given to fulfil your obligations? Such a contract also implies that the roommate behaves appropriately to stay in the space. Certainly, she can`t expect to stay if she hasn`t. Did she pay for the damage she caused? If you act in a way that goes against the terms of your contract with it, the likely remedy is, for reasons of prejudice, not an injunction that will take it over. I support my comments, which you quote, and I think they are correct. Also, your roommate could still sue you and if she`s a better storyteller than you – or your behavior during deportation is deemed inappropriate for your special judge, they may be inclined to pay you damages (while other judges may not). That is the troubling aspect of the law – there are no guarantees. For your last question, can you just change the locks? Any such act will always expose you to the risk of being prosecuted and being considered the unreasonable person. However, if in the circumstances the facts support proper notification and fair warning, you can certainly change the locks. It can lead to litigation – but if the facts support you, you`ll win the case. To avoid the situation being very worrying, think about what is in your room (medicines, personal belongings). If you can pack the space for them, then do it, but video the whole thing first.
Document, document, document and be monitored by the police when they return to make a scene. They need to be firm with the official when he tries to repossess them – which makes packing the piece a good step. Unless she thinks she will occupy the room and not leave the building, consider warning her that you are going to pack and chase her and her things. Good luck. Michael K. E. Thiele HI Julie: A surprisingly complicated question and I`m afraid this answer doesn`t offer much clarity.