Legal Question in Landlord & Tenant Law in California

I was the victim in a serious not at fault auto accident in January of 2012. There was several months after my State Disability ended where I had NO income. Due to the accident, I suffer from some permanent physical and mental health issues. I was approved for SSI July of last year, which is not very much and I am in a deficit at the end of each month. In September of last year, my 29 year old daughter begged me to let her stay with me until her and her boyfriend get another place together. I have rented the same place since 1988. During our conversation, I verbally listed the conditions of her BRIEF stay. Some of these conditions included paying 1/2 of the living expenses, cleaning as needed, no parties, no drugs, no drinking, no smoking, no allowing anyone to flop at my residence, etc...I do not consider any of these conditions unreasonable. She agreed to all of the conditions. She is also an ex-drug addict and is employed; she has been clean for about 3 years now. She has verbally abused me, does not pay for anything except for her toiletries, allows people to crash there whenever I am not home, which is often. She has stolen cash from my bedroom, stolen my clothing, and her and her boyfriend has stollen over $50 worth of my groceries purchased with my EBT. Basically, she expects me to support her with my SSI. I have told her to leave many times but she refuses. I have taped a 30 day eviction notice to her door. Adult Protective Services confirmed that she is abusing a Dependent Adult and advised me to get a Restraining Order against her but of course, she lied to the Commissioner and the order was not approved. She is a habitual untruth teller. The stress has enhanced my disabilities and I now get the fact that I should not have allowed her to stay over 30 days. I had to learn the hard way. Besides waiting for the very long eviction process, what can I do to get her out as soon as possible because I fear that a physical altercation is very near?


Asked on 5/08/14, 11:50 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Eviction process is not long. You serve her 3 day notice to pay rent or quit. If she fails to pay you file the lawsuit for unlawful detainer. Once you serve the summons and complaint she will have only 5 days to answer. If she answers, shortly after that you can ask the court to hear the case and get your eviction order, which you can give to the sheriff to enforce. If she does not answer you get a default judgment against her and have the sheriff throw her out.

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Answered on 5/09/14, 8:49 am


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