Legal Question in Landlord & Tenant Law in California

Break up

I have been seeing a woman for 3 yrs, she moved into my home a 1 1/2 ago, about a year after I bought my home, she pays no mortgage, rent but has paid occasional utility. She bought me a vehicle as a gift I am attempting to pay her back because she does not want the car. She refuses to leave have been trying for 8 months for her to move. Her and her family threaten me with violence and with court. This is my home I bought. How do I get her to move out and what are my legal rights. She gets upset and throws tantrums my fear is with the threats if something happens I would get arrested also the fear that she feels she is entitled to a pay off for my home she has said common law. No arrangements were ever made prior to her moving in. She sold her mobile home bought a few thoings for her then the car for me and now has none of her money and feels I owe her. I did a lot of free work for her and her daughter, I am an electricle engineer but now wish her gone and feel I owe her nothing more than the cost of the 94 viper which was a gift.


Asked on 7/14/05, 5:39 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Break up

You need to have her served with a 30-Day Notice to Quit. If she doesn't move out, then you need to file an eviction lawsuit called an unlawful detainer. Because an eviction lawsuit is an expedited court process, the rules are what some would describe as hypertechnical. I would not try to do this without an attorney.

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Answered on 7/14/05, 5:45 pm


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