Legal Question in Real Estate Law in California

want to legally evict guest from my house

my sons girl friend(19 Yrs old) was kicked out of her mothers home in march of this year. my son has a 2 yr

old child with her.my son decided for thier childs sake to let her stay as a guest at his his rented apt. until she could get help to get on her feet he now wants her to leave and she refuses to. her mother

said she could stay at her house but the girlfriend

wont leave.this is causing alot of tension to him and

his child.what can he do to evict her?


Asked on 8/07/01, 10:51 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: want to legally evict guest from my house

This situation presents family-law issues such as support obligations and custody rights that go well beyond the landlord-tenant-guest issues you mention.

Further, it is unlikely that the young mother is a guest in the eyes of the law at this point. Very likely she is a subtenant of your son, or possibly even a co-tenant. One would have to know all the facts to classify her properly, and even then the distinctions are fuzzy.

My suggestion is that the couple get counseling of a social-worker type, for their own good as well as the good of their child. The legal issues seem to be secondary. After they get their family relationships and responsibilities straight, the legal issues may go away, but if not they will be brought into sharper focus.

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Answered on 8/08/01, 4:43 pm


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