Legal Question in Real Estate Law in California

What are my rights regarding a live-in crazy girlfriend who will not leave?

I have recently broken off a relationship with my girlfriend who has been living with me for approximately 5 months. She does not pay rent, nor has she signed any sort of (lease) agreement. She refuses to leave and most of the furniture in my home is hers. How do I legally get her property to her without letting her in the house? I fear retribution on her part for the breakup - she has a history of destroying property when enraged? Is this a matter for the police department?

Please help.


Asked on 4/10/01, 5:07 pm

1 Answer from Attorneys

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

Re: What are my rights regarding a live-in crazy girlfriend who will not leave?

The first thing you must do is figure out whether she is (was) a tenant or a guest. Tenants have far greater rights than guests. This question is somewhat legal-technical and the answer doesn't depend upon a written lease agreement. Perhaps the most important criterion is whether she paid any rent or performed any services that could look like rent to a judge, such as doing most of the housework, landscaping the property for you, or providing you with furniture.

Without knowing all the facts, I would say your ex-girlfriend should probably be treated as a tenant. This is the safer course.

If so, you have to follow eviction procedures. There are good self-help law books on this subject which you can buy or maybe read at the library. If the subject seems daunting, get an attorney to handle it.

You need to take reasonable care of her property. One possible way to return it is to put it into a storage facility after she is evicted, then give her access to the storage facility but not the house.

The police might be helpful. Make a non-emergency contact and ask for assistance including an explanation on how to get a restraining order.

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Answered on 6/08/01, 5:59 pm


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