Legal Question in Real Estate Law in California

Re: removing a person living in an apartment that is not on the lease

If you are the person named in the lease as the tenant, you have a right to enter and occupy the premises, unless you have formally sublet or assigned your lease to the premises, in which case you have no right to enter without reasonable prior written notice, and then only for a valid purpose (see Civil Code section 1954).

There are several other issues here, involving breach of lease and eviction procedures.

First, as to eviction, the rights of the girlfriend depend upon whether she is a tenant there, or a guest. I know she's not the property manager's tenant, but (as suggested above), she may be YOUR tenant via sublease. If so, she's entitled to notice and a formal eviction process, including an unlawful detainer proceeding if necessary. Sounds, however, like she's a non-paying guest, in which case you can simply give her notice that she's no longer welcome, then if she doesn't leave, complain to the police that there's a trespasser in your apartment.

Then, you'll have an unoccupied apartment that you don't need. Make sure it is clean and empty (store anything either the son or the girl friend have left behind, and tell the landlord you are out and want to terminate the lease early; they then have to try to re-rent it to mitigate your potential damages. It could cost you something, but should have less impact on your credit. As an alternative, maybe you can find a new tenant yourself and with management's blessing, do an assignment of the remaining months on your lease, or sublet it. However, don't hide what you're doing from the management in the future, and get all understandings in writing.

Re: removing a person living in an apartment that is not on the lease

Eviction takes a long time and is expensive.

The lease is in YOUR name. Call each utility company and tell them you're leaving town for six months and that you want to shut off ALL the utilities until further notice. Some apartment OWNERS have instructions to NOT shut off the utilities, as they like to keep them on in between tenants, so you might have a hurdle there. Give it a try. If it works that should get her out.

Also, you have a right to enter. If you want, call the cops yourself, tell them you anticipate a problem, and ask them to escort you over there. With any luck, they'll find a reason to arrest her!

Re: removing a person living in an apartment that is not on the lease

If you do shut off the utilities, give her thirty days' written notice that you are doing so. Give the notice by mail and also leave the notice in the house and post it on the door.