Legal Question in Real Estate Law in California
Evicting non-renting paying girlfriend
Serveral times over the last 2-3 months, I've asked my girlgriend to leave my house in San Francisco(find another place to live). She keeps giving me excuses - needless to say, she's still here. What can I legally do to get her to move out?
4 Answers from Attorneys
Re: Evicting non-renting paying girlfriend
Serve her with a 30 day notice to quit.
Joel Selik
www.seliklaw.com
Re: Evicting non-renting paying girlfriend
First pray everything will go smoothly. Prepare a written thirty-day notice to vacate the premises. Handed two were personally marking the date and time you did so on your copy. Immediately, you should've doneness yesterday, flying to an attorney who does a landlord/tenant law in San Francisco. Make an appointment, bring the notice and hope she moves out within the 30 days, then ask the attorney to pray with you so you can save a great deal of time, expense and emotion. If you are concerned that she will trash your apartment, steal something or otherwise to be very disruptive tell your attorney that so that key/she may protect you if possible. The law only goes so far and women lived in scored sometimes go further. Sorry man, but next time be more careful!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Re: Evicting non-renting paying girlfriend
Status as girlfriend has little to do with it; rent paying vs. non-rent-paying is a bit more significant, but the real issue here is (sub)tenant vs. guest. You don't need to observe legal niceties to evict a guest. However, a guest is someone who has another home somewhere else, and that description doesn't fit. Use the same process you'd use as a landlord evicting a regular month-to-month tenant. There are paperback self-help law books on landlording and eviction.
Re: Evicting non-renting paying girlfriend
I should have added that there is a third class in addition to "guest" and "tenant." That is "lodger." I'm at home and I don't have the Civil Code definition in front of me, but as I recall a homeowner has additional rights with respect to someone they allow to share their home where that person, the "lodger" shares use of the owner's (or prime lessor's) entire residence. If you consult a self-help book, look for one that defines that category.