Legal Question in Landlord & Tenant Law in California
too nice
I let this person stay at my home, because she was thrown out by her mate and was homeless. I told her she could stay for a couple of months, to get back on her feet again. Well it has been more than a couple of months and she won't leave. She has threatened to get a restraining order on me for my house. I offered her money for an apartment and a used car and at first she was ok with that, but now refused to leave and told me to evict her or she wasn't leaving..I am confused on how to get her out, since we never had a lanlord-tenant agreement and she never has paid rent. PLEASE HELP ME before I loose my home and mind.
3 Answers from Attorneys
Re: too nice
To do it legally, you would have to give her a 30-day notice, copies of which you can find on the 'Net or in most stationery stores. If she doesn't leave in 30 days, then you would bring an unlawful detainer lawsuit in the court near you and prove to the judge that she deserves being evicted. Good luck.
She's a ''lodger,'' so you can have her thrown out without court.
The civil code, section 1946.5, allows that after the expiration of a 30 day notice, if the lodger has not vacated, she is guilty of an infraction under Penal Code section 602.3(a) and (b), and may be forcibly removed by the police. In this case, you don't have to file a court action. You simply call the police, show them the 30 day notice and that it's expired, and they will arrest her for trespassing. Good Luck.
Re: too nice
from the information given, you may simply contact the police department and have her removed for trespassing, rather than enduring any civil unlawful detainer proceedings. if you would like further assistance here, feel free to contact us today.
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