Legal Question in Real Estate Law in California

Re: Do I have to go through an eviction process to remove a guest from my home?

Change the locks and put her stuff in a self storage. She is a "lodger" and you have no obligation to file an eviction lawsuit. You might, however, want to file for a restraining order.

Re: Do I have to go through an eviction process to remove a guest from my home?

One more thing. Don't let her back in your house, no matter what. Tape the envelope with the key and the address of the self storage to your door, or toss it to her out the window.

This advice may seem obvious, but borderlines can be very cunning and can insinuate themselves back into your life unless you use extreme firmness in dealing with them.

Re: Do I have to go through an eviction process to remove a guest from my home?

The issue is whether "she" has established a tenancy in your residence.

Facts supporting such would include; whether she pays to be there (whether thru money/services/etc); how long she has been staying there ( 30 days or longer requires eviction if compensation is being paid); how often did she leave and for how long ( you stated "off and on"); does she receive mail there and/or have it listed as "home" address for any official purposes...

I think you get the idea.

Most important is whether she PAYS for her stay. If not, then no eviction required. If so, look at all the facts. However [see below]....

She probably would not be able to pursue defending her rights from being locked out in her condition anyway. So, if anything; error on the side of caution for protection of your self/family----PUT HER OUT!

Thanks for letting me be of service.

Q Simms

Re: Do I have to go through an eviction process to remove a guest from my home?

I agree with Mr. Stone and Mr. Simms that you need to do what you can for your own protection. I think legally, this is right in the middle of the gray - she could very easily make the claim that she paid for groceries, or cleaned the house, or did something that would create an issue of tenancy; however, your better of dealing with her legally in a court than in your home while you pursue an eviction. We've handled matters like this where the client was forced to pursue an eviction of someone living in their home with them, and even with a stable person, it is very scary and dangerous. With someone like you have described, its a recipie for complete disaster. Lock her out, DO NOT let her back in, find an attorney right away and file for a restraining order. Then, if you have to, you can deal with the question of wrongful eviction later in a courtroom.

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Re: Do I have to go through an eviction process to remove a guest from my home?

Messrs. Stone and Simms have given you advice that may or may not work. The most sound part of Mr. Stone's advice is to get a restraining order against this individual ASAP. As for the, "just putting this person out", angle, I think it is important for you to know that this person may sue you for wrongful eviction if you make the wrong analysis of her occupancy at your residence. I've seem many cases like this one, and in several of them the former occupant did sue the owner after the owner used self-help to just put the person out. Also, some times the police aided the person in re-occupying the home if there was no restraining order. So, be careful and get that temporary restraining order right away before you do anything else.

Re: Do I have to go through an eviction process to remove a guest from my home?

No. You can lock her out and change the locks, and if you feel it necessary get a restraining order preventing her from coming near you or your children.