Legal Question in Landlord & Tenant Law in California

I let my niece stay with us while she got back on her feet but now she has outstayed her welcome and won't leave. I had my sister try to serve her but she kept taking off soon as she seen my sister so my sister posted the 30 day notice on her bedroom door and then sent her a certified copy. My niece has now threatened that shes going to make it take up to 90 days for her to leave and she now has her violent boyfriend staying with her as well. I have children in the home and don't want anything bad happening around them. I have searched and searched trying to make sure I have done the 30 day notice exactly right so she can't make it take up to 90 days to get her out. This is a very bad situation, they both have already tried to fight us and everything and the police have had to come out. She's currently on probation for fighting already. Is it true that she can make this process take up to 90 days? She has even threatened that she will make our lives a living hell during the 90 days as well...I have a feeling something very bad is going to happen in the meantime.


Asked on 1/19/12, 9:14 am

2 Answers from Attorneys
Peter Tuann Law Office of Peter Tuann

Does she have a rental agreement allowing her to stay? If not, just call the police to remove her. If the police refuse, they you will have to file an unlawful detainer for possession of that room. 3 day and 30 day notices are for tenants to pay rent or leave. I assume your niece is not paying rent. Just evict her.

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Answered on 1/19/12, 10:05 am
George Shers Law Offices of Georges H. Shers

If she never was required to pay rent then she is a guest and can be kicked out at any time; just change the locks when she leaves and call the police when she gets violent trying to get back in. Her boyfriend being there may be a violation of the "lease", certainly her threatening you is a basis for a three day notice. She can drag it out for a time, depending on how smart she is. But if she is on probation for fighting, go to her probation officer to get him/her to warn her that she risks going back to jail.

It is worthwhile for your peace of mind to consult with a landlord attorney.

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Answered on 1/19/12, 11:19 am


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