Legal Question in Landlord & Tenant Law in California
How do I evict a person from my apartment?
I am leasing an apartment. I am the only tenant on the lease. A person I know had no where to go and wanted to stay a couple of weeks. I said ''OK,'' but that he would have to find a place to go. It has now been 9 months and he has not found a job or a place to live. He does not pay rent and has become an extreme burden to me, financially and emotionally. He said to me, ''I do not have to leave, I have set up residency here.'' Is this true? How do I get rid of him? What are my rights? Will the police throw him out?
2 Answers from Attorneys
Re: How do I evict a person from my apartment?
You need to file an unlawful detainer. First you have to service a notice to vacate. Please contact our office at 714 363 0220 and we can consult with you.
Re: How do I evict a person from my apartment?
Your "guest" is correct. He is what the law calls a "tenant at will." Legally, you have to give him a 30 day notice to vacate. Then if he does not move out, you will have to get a judgment. It could take up to 2 months to eventually get him out. But you can get the judgment to include the value of the rent incurred after the 30 days is up. An unlawful detainer judgment will effectively prevent your friend from leasing anywhere is Southern California. Should you decide to just kick him out, he could sue you in small claims court for wrongful eviction. This may be a risk you are willing to take--it is up to you.
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