Legal Question in Real Estate Law in California
Eviction Notice
I moved in with a women who's home went into foreclosure due to her lack of work. In a last ditch effort I bought the house from her to help out the situation. 1 1/2 years later, after never receiving any rent or bill payments, we have split and she has found a room to rent. 90% of her stuff is still at the house. How do I fill out an eviction notice so she no longer has legeal access to the house?
1 Answer from Attorneys
Re: Eviction Notice
I'd say you need a locksmith, not a lawyer. When the lady sold her house to you, she gave up her right of possession. You didn't elaborate on what the legal arrangement was supposed to be after that; you did mention that she never paid any rent, but you did not mention whether she was supposed to (under an oral or written rental agreement or similar understanding), but whether or not there was such an agreement, the lady was at most a lodger and not a tenant. (This is assuming you were sharing the house and she didn't have separate quarters.)
Lodgers don't have notice rights like tenants. I would just have the locks changed and send her a notice to arrange a time to pick up her property within the next 90 days or so. You are a depositary of her stuff and have a duty to treat it with ordinary care, but upon notice given and passage of a reasonable time, you can dispose of the property if unclaimed. Civil Code section 1847.