Legal Question in Landlord & Tenant Law in California
Evicting my girlfriend
My girlfriend and I have been together for 5 years, living together for the past 3. I just found out she is cheating on me. During the past 3 years, she has worked a combined total of 4-6 months (shes lazy). She is on my work health plan, considered a ''domestic partner''. I live in San Diego, CA. Her name is not on the lease. What do I have to do to get her out of my apartment ? She has no money, and I've told her before to leave and she wont. She has family in San Diego that she can stay with, but still hangs around. I am worried that she will destroy my apartment, and while I will go to court if necessary, i'd rather just have her leave peacefully. Please help, I am desperate for advice.
2 Answers from Attorneys
Re: Evicting my girlfriend
The law treats her almost like a tenant.
You need to give her a 30 day notice to quit, and then file an unlawful detainer (eviction).
You probably should get some help from a landlord tenant attorney (there are not too many of us these days), because if you do it yourself and do not do it right, you will find that she'll get an attorney, and whoever loses in court is likely to be hit with the other's attorney fees and court costs.
Re: Evicting my girlfriend
If you have probable cause to think that she will be violent or destructive, get a TRO, if not, then write a termination of tenacy. Contact me directly.
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