Do I have to serve an eviction notice to my ex-girlfriend because we broke up? I own the home.
June 17, 2025
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Since you’ve been together for three years and she’s been living in your home—even without a lease—she still has tenant rights under the law, even if she’s not paying rent or is not on any paperwork.
That means yes, you do need to give her proper written notice to move out.
The type of notice depends on your state, but in most cases, you’d start with a 30-day notice to vacate. If she doesn’t leave after the notice period, you would then file a formal eviction case through your local court.
Important: You can’t change the locks or force her out without going through the proper process. Doing so could result in legal consequences for an unlawful eviction.
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Do I have to serve an eviction notice to my ex-girlfriend because we broke up? I own the home.
I understand this must be a difficult situation. Have you and your ex-girlfriend discussed her moving out of the home since the breakup?
She says I have to give her an eviction notice.
Are there any legal agreements or contracts in place regarding her living in the home?
None.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with eviction.
No.
My name is Gurney, and I'm the attorney assisting you. I'm happy to offer some guidance based on my years of experience as an attorney and former prosecutor.
How long has your ex-girlfriend been living in the home since the breakup?
We just broke up, but we’ve been together for three years.
We’ve lived together since August 2022.
Since you’ve been together for three years and she’s been living in your home—even without a lease—she still has tenant rights under the law, even if she’s not paying rent or is not on any paperwork.
That means yes, you do need to give her proper written notice to move out.
The type of notice depends on your state, but in most cases, you’d start with a 30-day notice to vacate. If she doesn’t leave after the notice period, you would then file a formal eviction case through your local court.
Important: You can’t change the locks or force her out without going through the proper process. Doing so could result in legal consequences for an unlawful eviction.
I’m giving her 14 days.
Okay, that can be a reasonable amount of time depending on your local laws, but be aware that if your state requires 30 days, the court may not enforce a 14-day notice. You may want to double-check your local requirements.
Do you have any more questions?
I think I’ve got it. I just have to find a server to serve it.
Exactly. You can use a process server or sometimes even the local sheriff’s office to deliver the notice properly.
