https://mainebar.community.lawyer/

25 bucks for a 30 minute consultation.

Thank ya kindly!

Did you charge her rent? Did you have a written or verbal lease? I don't see how a family member staying with you short term would be considered a tenant. More likely this is a question about how to deal with abandoned property.

I did not charge rent and we had a verbal conditional arrangement for her to stay a max of one year. This was amended to she needs to be out by April first. I drafted an eviction notice today to cover my ass and left it with the rest of her things but obviously she hasn’t received it because she’s not physically staying here. AFAIK property isn’t abandoned in Maine until either 60/90 days and I have every intention of letting her get her things but would prefer to be present so she doesn’t pull shady shit

I'm not a lawyer but I don't see how anyone could possibly construe this as a landlord/tenant arrangement. I think you are overcomplicating things with your "eviction". Just put her items in a closet and if/when she wants them back make arrangements.

I think this is more about whether or not the cops will remove the person for you.

While I wholeheartedly agree, apparently the courts do not. Someone staying more than two weeks at your residence gains legal tenant rights vs just being a guest, even if they do not pay rent. It’s a shitshow. Last time I’ll ever be helping someone out in this way. Was a totally civil situation until today when I had the wrong door locked and suddenly she screaming about cops and court.

She would have had to pay rent and be there for more than 28 days to be a tenant. But Maine eviction courts favor tenants even when landlords are in the right based on the law. Landlords who show up to court hoping for a clean eviction, if they lack counsel and do not have a perfect case, are essentially railroaded into arbitration before cases go to trial. Housing advocates appear in court to manage arbitration before each case is even heard. (This is based on experience in Waldo County, but it's a state law so I assume it's similar elsewhere.) So if you got rid of her, you are good and change the locks and you should probably never let her back in the house ever again, or at least not until you're sure she has a place of her own and is settled.

IANAL. I am a realtor in VA (Maine expat). The advice about the rules being local is spot on. If the house is your primary residence the rules can be quite different than an apartment offered to the public at large. Residents in your primary home are generally considered lodgers, not tenants, and it is typically much easier to evict, if it even has to go that far.

Safest bet tho is to contact local legal advice. Good luck!

This feels the like the inevitable conclusion to one of those "stuck in a dryer" videos.

There are jurisdictions that define tenancy based on the amount of days that someone has stayed on your property, irrespective of a lease or payments. OP should contact a lawyer to ensure that this is not a tenancy situation. If it is deemed to be a Tenancy At Will, then a 30 day eviction notice is the quickest. OP should not dispose of any items owned by their sister, nor change the locks without a separate compelling reason, at least until they are able to get a consultation from a lawyer.

Is she currently homeless? Any drug use? Anyone else staying in the house? (Wife/children)

She has moved in with someone else. No drug use as far as I know, and she has a daughter but bedsides that just me in the house

It all depends on the judge.

Some rando screaming about "court" doesn't mean you have to serve her papers.

How many rentals do you own?