Legal Question in Real Estate Law in California

removing a person from an apartment who is not on the lease

I allowed a person to live in an apt. that was not on my lease. I am canceling the lease and have given her 30 day notice to vacate. She is claiming I never gave her the notice and she refuses to leave. I am scheduled to give back the keys to the apt. on 6/25. If she does not have her posessions out before then, is it my responsibility or the apts. to get her out? Do I need Law Enforcement involved? thank you for your assistance.


Asked on 6/23/07, 4:00 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: removing a person from an apartment who is not on the lease

Is the person your tenant or your guest? If you were not receiving anything of value from her and there was no promise or understanding for something of value to be given you in the future, I'd say she is probably a guest and when you give her notice (any reasonable amount of notice is OK, it doesn't have to be 30 days), you can turn her into an instant trespesser and yes, I believe it becomes a police matter at that time. I'd say telling her today to be out by 5 p.m. Monday would be adequate, espdcially if you didn't allow her to move in a lot of furniture.

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Answered on 6/23/07, 7:52 pm


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