Legal Question in Landlord & Tenant Law in California

how does a homeowner evict tenant (ex-girlfriend) from house?

I purchased a home approximately 4 years ago (title held solely in my name)and used my funds for the downpayment. My ex girlfriend (who has lived with me for the 4 years) will not leave my house. How do I go about ''evicting'' her?

We have no written agreement and had been jointly paying the monthly mortgage payment until a few months ago when she lost her job (and since then I have been paying the mortgage payments).


Asked on 8/14/03, 5:21 pm

2 Answers from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: how does a homeowner evict tenant (ex-girlfriend) from house?

This may sound harsh, but, kick her out and change the locks. She is not a "tenant". She has no right to the property or leasehold interest. If she causes a commotion, call the police and have her arrested for trespassing. Theoretically, she could later try to sue for reimbursement of the mortgage payments, but, she would have to prove it. Good luck and thanks for inquiring.

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Answered on 8/15/03, 1:31 am
Robert Mccoy Law Office Of Robert McCoy

Re: how does a homeowner evict tenant (ex-girlfriend) from house?

Woah, she IS a tenant for sure. What she has is a tenancy at will at the very least. She may even have a paid for tenancy if the court considers the mortgage payments were rent. You must at the very least give her 30 days written notice to vacate. You may not just kick her out. If you do so you can be sued for forcible detainer and be required to let her move back in and be sued for any damages she sustains, i.e. motel costs, meals, emotional distress, etc. Even after 30 days has expired you still cannot just kick her out. You must proceed through the legal process of an unlawful detainer.

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Answered on 8/15/03, 6:36 pm


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