Getting Someone Out Of Your Apartment

    All-
I find myself in a peculiar situation.  I have a woman who was my girlfriend living in my apartment for a year now.  Our relationship is over and she is refusing to leave.  Has anyone been through this?  I am not familiar with the laws and do not want to break any.  What is my recourse and path forward to get her out and any idea how long it will take?
   

    -@headshot

Looks like she is the sole occupier on that apartment of yours. And there is no standing written lease agreement between you and her.

The first step is to see if there is any wirtten law for how long a cohabitation yelds her any right stemmed from  a Stable Union ( Uniao Estavel ). 

Iif she does not meet the pro forma, the next step is to get her out through a "Reintegracao de Posse" , as she has then become a tenant at sufferance. 

No lease agreement, no notice to vacate, no delinquency on rent, no eviction, which should be the most expeditious way out ( 15-30 days  under the new law ).  You are left with forcing her out with a summon to relinquish your property back, hence the "Reintegracao de Posse:". 

You will need to hire an attorney to get around this. If she is paying utilities, property taxes, condo dues,  all those bills under her legal name at her current residence , then she is playing the long game to get a "usucapiao:" claim and then steal the apartment fom under your nose.

Hi SPR.

Correct, no lease and all the accounts are in my name.  I do stay there about 180 days a year.... does that change any of your comments/suggestions?

@headshot Ask TIGER WOODS I´m sure he has some tales to tell. In the end it worked out in his favor. Good Luck!

Roddie in Retirement

You will need to hire an attorney to get around this. If she is paying utilities, property taxes, condo dues,  all those bills under her legal name at her current residence , then she is playing the long game to get a "usucapiao:" claim and then steal the apartment fom under your nose.
   

    -@sprealestatebroker

Actually "usucapiao" (squatters rights) is much harder to achieve than people think - I have been involved several times, from both sides of the fence, applying for usucapiao and defending against it.

Firstly the applicant has to prove that the owner has abandoned the property: he has made no effort to take it back, maintain it, pay bills, etc. Secondly in a municipality the applicant has to prove this for 5 consecutive years, or 10 years in a rural situation. Then the applicant will have to find several thousand reais to have plans made, employ an attorney to write a petition, pay court costs, etc, and after making application to the local court, wait several years for a decision.

In this case it is quite clear that the owner has not abandoned it, as he is actually using it for long periods of time! I would also bet that he is paying some bills towards it - probably electric, condo fees, IPTU, bomberios, internet, maybe water, etc. So usucapiao could not be successfully applied for.

So now the question is how to get her out. Firstly I would concur that you need to employ an attorney who would prepare a document demanding that she leaves, the attorney probably would take this to the local notary office, and you pay a fee to have this office deliver it to her by hand, and she has to sign to acknowledge receipt.

Then your attorney would present a case for the court. If she has been staying there without your knowledge for a period exceeding 1 year and 1 day, then you would have to wait for the case to be heard to get her out. But if she is there with your knowledge, and you have been trying to get her to leave, then the judge can make an immediate order for her to leave pending his decision when the case is heard.

Hope this helps. Of course there are other ways, but this is the hands-off legal way...

Thank you all!!

    Hi SPR.
Correct, no lease and all the accounts are in my name.  I do stay there about 180 days a year.... does that change any of your comments/suggestions?
   

    -@headshot

Whose name utility bills are under...

If she lives there and you have partial residence, it does not sound like you have a tenant at sufferance.  Have you spoke with the super ( zelador ) lately?

You might have to change your apartment locks and notify the door she is persona non grata. 

If you have no  legal custodian tutelage under this woman, this is not a legal matter and no attorney will pick up your case. This is a personal issue between two consenting adults. 

And for you all, rabid dogs.....

There is a thing called a love  Motel.  Brazilians are, by nature, self inviting and self accomodating at someone else's expense.  You have a fling, want to get cozy, that is what motels are for.

[link moderated]

You let the cat in the house, the cat will never leave. It is culturally accepted around Brazilians for a couple to a night's time rolling in the hay.

Besides,  and smart independent and self reliant Brazilian  women with their own place  do no keep Jack in her home unless Jill wants Jack to tie the knot.

    You will need to hire an attorney to get around this. If she is paying utilities, property taxes, condo dues,  all those bills under her legal name at her current residence , then she is playing the long game to get a "usucapiao:" claim and then steal the apartment fom under your nose.         -@sprealestatebroker

Actually "usucapiao" (squatters rights) is much harder to achieve than people think - I have been involved several times, from both sides of the fence, applying for usucapiao and defending against it.

Firstly the applicant has to prove that the owner has abandoned the property: he has made no effort to take it back, maintain it, pay bills, etc. Secondly in a municipality the applicant has to prove this for 5 consecutive years, or 10 years in a rural situation. Then the applicant will have to find several thousand reais to have plans made, employ an attorney to write a petition, pay court costs, etc, and after making application to the local court, wait several years for a decision.

In this case it is quite clear that the owner has not abandoned it, as he is actually using it for long periods of time! I would also bet that he is paying some bills towards it - probably electric, condo fees, IPTU, bomberios, internet, maybe water, etc. So usucapiao could not be successfully applied for.

So now the question is how to get her out. Firstly I would concur that you need to employ an attorney who would prepare a document demanding that she leaves, the attorney probably would take this to the local notary office, and you pay a fee to have this office deliver it to her by hand, and she has to sign to acknowledge receipt.

Then your attorney would present a case for the court. If she has been staying there without your knowledge for a period exceeding 1 year and 1 day, then you would have to wait for the case to be heard to get her out. But if she is there with your knowledge, and you have been trying to get her to leave, then the judge can make an immediate order for her to leave pending his decision when the case is heard.

Hope this helps. Of course there are other ways, but this is the hands-off legal way...
   

    -@Peter Itamaraca

I do not think she knows the Law Application that well.  They hear from a coleague about usucapiao and they think is that simple. 

And has he has stated, she is not even a tenant at suffereance. She is a cat that refuses to leave and self invited herself in.

He needs to cut her loose and send her packing.