# Should I evict my X or not?



## Simcha (Jul 14, 2012)

Our divorce settlement states that my x should pay me rent for a commercial space she is using. It has now been 5 months and I have not received payment. My x has made multiple promises to pay me over the last 5 months and a few days ago made payment for only 1 month's rent. My x has also refused to sign a lease. 

Should I pursue an eviction?


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## PBear (Nov 16, 2010)

Why wouldn't you treat her as any other tenant? She's not exactly throwing you a bone to work with, is she? Like trying to negotiate her back payment, etc. Seems she'll keep taking advantage of you as long as possible. 

C
_Posted via Mobile Device_


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## Pbartender (Dec 6, 2012)

Simcha said:


> Our divorce settlement states that my x should pay me rent for a commercial space she is using. It has now been 5 months and I have not received payment. My x has made multiple promises to pay me over the last 5 months and a few days ago made payment for only 1 month's rent. My x has also refused to sign a lease.
> 
> Should I pursue an eviction?


Did you have her sign a lease?

If not, you may want to pursue having the settlement enforced first, since technically that's the legal agreement she's violating. A web search for "divorce settlement enforcement petition for rule to show cause" will get you started.

Make sure you keep good records of your efforts to get her to pay the rent.... document, document, document. You'll likely need it as evidence later.

If you have a lawyer, talk to them and let them know about the situation. They'll give you the best advice.


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## 3Xnocharm (Jun 22, 2012)

Simcha said:


> Our divorce settlement states that my x should pay me rent for a commercial space she is using. It has now been 5 months and I have not received payment. My x has made multiple promises to pay me over the last 5 months and a few days ago made payment for only 1 month's rent. My x has also refused to sign a lease.
> 
> Should I pursue an eviction?


YEP. She should be treated like any other tenant renting your space.


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## Simcha (Jul 14, 2012)

Pbartender said:


> Did you have her sign a lease?
> 
> If not, you may want to pursue having the settlement enforced first, since technically that's the legal agreement she's violating. A web search for "divorce settlement enforcement petition for rule to show cause" will get you started.
> 
> ...


She has refused to sign a lease. I spoke to my divorce attorney and he said that the court decree would be sufficient documentation absent of a signed lease.


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## vi_bride04 (Mar 28, 2012)

Simcha said:


> She has refused to sign a lease. I spoke to my divorce attorney and he said that the court decree would be sufficient documentation absent of a signed lease.


Then yes, evict her.

If she throws a fit, take her back to court for contempt!


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## manticore (Sep 3, 2013)

well. I will say here thet it depends on the situation.

is she not paying you because she sincerely have finacial problems and she barely have enough money for her basic needs?, or is she not paying you because the think she can have her way with you and is expending money in banal things?

also you know you ex better than us, how sincere is her promise to update her payments in the long term?, what kind of person is she?


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## Simcha (Jul 14, 2012)

manticore said:


> well. I will say here thet it depends on the situation.
> 
> is she not paying you because she sincerely have finacial problems and she barely have enough money for her basic needs?, or is she not paying you because the think she can have her way with you and is expending money in banal things?
> 
> also you know you ex better than us, how sincere is her promise to update her payments in the long term?, what kind of person is she?


I don't know her finances but she continues to maintain her expensive lifestyle that contributed to our financial problems. She still drives her German made SUV, she makes a watercraft payment, expensive mortgage, etc. I know that appearances can be deceiving. Perhaps the vehicles are subject to being repossessed and the house is in foreclosure but she has not cut back at all.

She is the type of individual that thinks is above the law and rules don't apply to her. I hate having to evict her but I don't think she will do the right thing on her own free will.


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## vi_bride04 (Mar 28, 2012)

Why do you want to continue to enable her behavior?

Evict her.


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## Oldrandwisr (Jun 22, 2013)

The only way a spendthrift learns is to hit bottom and have consequences.


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## tom67 (Oct 2, 2012)

Pbartender said:


> Did you have her sign a lease?
> 
> If not, you may want to pursue having the settlement enforced first, since technically that's the legal agreement she's violating. A web search for "divorce settlement enforcement petition for rule to show cause" will get you started.
> 
> ...


Your divorce lawyer may have to refer or work with yours, a landlord and tenant law(eviction)attorney. There are not only different laws between various states, there are some differences within each county yes it's a clusterf^ck.


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## hereinthemidwest (Oct 7, 2010)

Without reading anyones post...HELL YES evict her. Treat her like any tenant you've had. SHE'S PLAYING YOU...AND YOUR ALLOWING IT. SHE THINKS YOU WONT DO ANYTHING...Tell her your new GF going to rent the space. lol  She'll pay.


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