Legal Question in Landlord & Tenant Law in California

Evicting Ex-fiance

Relationship was dissolved over 3 years ago and ex will not move. Have finally had enough! Told him to get out, I want my house back (it is in my name only). Still won't leave. He has no place to go. I was informed that I can't physically move him out because he can sue me for ''intent to convert his property''? and that I have to give him 60 days on a ''notice to quit''? Is this correct? Where are my rights in all this? I have made all the payments and all the bills while this deadbeat lived for free basically and he has rights? What kind of recourse do I have, if any and is it really 60 days?


Asked on 8/05/03, 11:09 pm

2 Answers from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: Evicting Ex-fiance

No. It is 30 days. Serve him with a notice to vacate. If he doesn't leave then, start eviction proceedings against him. Good luck and thanks for inquiring.

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Answered on 8/06/03, 12:20 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Evicting Ex-fiance

As of January 1, 2003, a landlord (which you are) must give 60 days WRITTEN notice IN PROPER FORM to terminate to terminate the tenancy, if the tenant has lived in the property for more than 1 year. That appears to be the case here.

Give him the 60 day notice, then file for unlawful detainer (eviction).

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Answered on 8/06/03, 11:56 am


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