Legal Question in Real Estate Law in California

Re: Do I have to start eviction proceeding?

You can try to have the police "throw her out," but they will likely tell you that this is a "civil matter," and that they will not "throw her out."

Your best bet is to immediately give her a three-day notice to pay rent or quit, and simultaneously give her a thirty-day notice to quit. After expiration of the three-day notice, if she has not paid rent, begin the unlawful detainer action based upon your oral agreement to allow her to live in the "main house."

You can obtain the necessary forms to file the unlawful detainer from your local courthouse, or at http://www.courtinfo.ca.gov/forms. You can also get answers to your questions at http://www.courtinfo. ca.gov/selfhelp/other/landten.htm.

Re: Do I have to start eviction proceeding?

What you can do depends upon whether she was to pay any rent for staying at the main house or not. If you neither required her to pay rent or never accepted rent from her, then she is not a tenant and has no legal right to remain there. Write her a note demanding that she leave and tell her personally the same information. Point out that she is trespassing so it is a criminal and not civil matter [unfortunately, the police will probably treat it as a civil complaint and will not throw her out, even if you cite the applicable law].

So after you give her notice and ascertain that the police will do nothing, wait for her to go out for a few hours and change the locks so that she can not get in [or take away her key if you can find it]. Box up her possessions and put them outside but not in a place that someone else might see and steal them; take pictures of the items and their condition is not in good shape as she will claim you damaged her items.

Find out why she wil not leave. If she thinks she has a legal right to stay there, try to get her to understand what the law is. That she was a tenant in the guest house does not give her any greater rights. Your leasing it to her probably is a violation of the law, as would renting the house to her, as your house likely is in a single family zoned neighborhood. All contracts are void if they attempt to do something illegal.

If you did rent the space in the main home to her, then you do have to go the three day / 30 day process.

Re: Do I have to start eviction proceeding?

I agree with Mr. Shers' answer, and I would add that this person is at the very most a "lodger" in your house, even if she were paying something.... One is not a tenant unless they receive the exclusive right of occupancy to some leasehold; when one person is a paying guest in your residence, the person is a lodger not a tenant and is NOT entitled to the formalities of notice, eviction, etc. When you terminate the arrangement, they become a trespasser and it is not truly a "civil matter" whatever the police who respond might think.