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What do I need to do to evict a person living in my home ?
| What do I need to do to evict a person living in my home ?
Asked Sep 7, 2006, 06:49 PM
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14 Answers My son lives in a rental property of mine. He allowed a young woman to move in with him. He has asked/told her to move out. She has refused. She does not pay rent and never has - her name is not on the lease. What steps can I take to evict her legally from the premises in the state of California? I went to courthouse and got a restraining order forms and a eviction forms... But the eviction forms only seem to appy for actual paying tenants? Help Thread Summary |
14 Answers
 | Computer Expert and Renaissance Man | |
Sep 18, 2006, 12:10 PM
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Call the police and tell them you have a trespasser. | | |  | New Member | |
Oct 12, 2006, 08:49 AM
| | | How can you evict someone who's mail is there and they are a tenant with trespassing law, this is not trespassing? What if she owns the furniture of mail is received there? | | |  | Computer Expert and Renaissance Man | |
Oct 12, 2006, 09:02 AM
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Quote: |
Originally Posted by mel7tel how can you evict someone who's mail is there and they are a tenant with trespassing law, this is not trespassing? What if she owns the furniture of mail is received there? | Doesn't matter whether a person gets mail at an address or even has possessions at that address. What matters is whether the person has a legal right to reside at that address. Without a lease, that right doesn't exist. | | |  | New Member | |
Jul 24, 2007, 08:30 PM
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Originally Posted by SUSAN GALE My son lives in a rental property of mine. He allowed a young woman to move in with him. He has asked/told her to move out. She has refused. She does not pay rent and never has - her name is not on the lease. What steps can I take to evict her legally from the premises in the state of California? I went to courthouse and got a restraining order forms and a eviction forms... But the eviction forms only seem to appy for actual paying tenants? Help | What did you finally do, legally? I am in the same situation and need to evict my 18 year old son, and I am not the landlord.
Angelikat | | |  | New Member | |
Jul 29, 2007, 11:31 AM
| | | Oh my gosh, I was logging off when is aw this.. I just posted myo wn horrible story, almost like this. (kind of ) I allowed my son and his girlfriend into my own home, to help them out , no rent involved no contracts, nothing. In my state , calif law says.. They are tenants, once they have taken up residency in your home. Basically if you've allowd them in , and they comfortably take possession of your home then they are considered tenants by california law.. ? .. In my state, california, a police officer will not kick someone out, unless you have legal documents from a court.. /because these people are called "tenants" they have legal rights like all other tenants.. Even if not paying rent. The law protects them.. I read through these posts,. To look up that helped me.. Then I went and got a notice to quit for the girlfriend and a restraining order for my son, because he's the violent one. -- as of 7/28/07 he was removed.. By the police.. But only for 16 days.. His girlfriend who decided she wasn't going to stay anymore without her boyfriend ---showed up, and I called police and they escorted her out the door.
Get a notice to quit --right away.. Even if not paying rent.
Also , you may get a restraining order and get the person out immediately if , you feel ( harrassed, threatened or injured by the person) AND you know what .. Sometimes.. Letting the other person.. Get out of control gives you the right to get a restraining order... Goodluck | | |  | New Member | |
Jul 30, 2007, 03:09 AM
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Originally Posted by SUSAN GALE My son lives in a rental property of mine. He allowed a young woman to move in with him. He has asked/told her to move out. She has refused. She does not pay rent and never has - her name is not on the lease. What steps can I take to evict her legally from the premises in the state of California? I went to courthouse and got a restraining order forms and a eviction forms... But the eviction forms only seem to appy for actual paying tenants? Help | Hi sorry for duplicate.. I also wondered the same thing ..the forms were for only made out for paying tenants.. So what I did is I went to a eviction company who specializes in filling out forms and processing them.. And the form he filled out was 60 day notice to quit. He said per california law if a person has lived in the home for more than 1 year it would need to be a 60 day notice to quit.. Or if its under a year it would only warrant a 30 day notice.. Now.. Here's the next part.. Also you must be very careful in how to deliver the notice.. What I did was I got a process server to deliver a PROOF OF SERVICE.form ... You may use anyone over 18 years old, a friend , neighbor , relative to deliver the 60 day notice.. And the proof of service is legal proof by a witness that it was given to the person..
2nd: after the 60 days.. If they still won't move you, you must file a you.D at your county court house.. Or aka > unlawful detainer.. .. When you see the judge the judge will either grant what you want or you won't get it.. So.. All in all.. I figured about 90 day process.. But.. You need to take action right away.. -- hopefully this has helped.. I went through a ordeal for 2 years... Trying to do the same thing. Finally I put my foot down on friday 7/27/07 , I was told by the company that helped me out, that most of the time, when you give the 1st step, the 60 day notice to vacate , the person gets scared and just leaves.. Good luck | | |  | New Member | |
Aug 10, 2007, 02:08 AM
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Originally Posted by Angelikat What did you finally do, legally? I am in the same situation and need to evict my 18 year old son, and I am not the landlord.
Angelikat | For my son.... I got the restraining order in family court.. And I consulted a atty.. (didnt pay him just consulted ) he said.. I had to get a 30 day or a 60 day notice to quit .. Even thou the girlfriend didn't pay rent.. She legally had rights to living in my home. Because she moved in--- and I didn't do anything. She stayed for almost 1 hr and 1/2 finally after so many disturbances , family arguments.. She had to go.. And per the atty if its under a year its 30 day notice.. And if its over a year its 60 day notice.. So I formally serverd her , I got a company that does that type of work... It cost me 100.00 dollars but.. It was well worth it.. She was living off me for free.. No rent, money, I bought the food, utilies paid, electricity, and water etc etc.. And they used it all up.. Also.. You can do it yourself. There's a lot of web sites.. That have those forms for free... But.. Again. I would go to your states web site. And look up the laws. I live in calif.. And just get a free consultation.. I could of just served her the paperwork ... Over the postal service, certified mail also.. But wanted it all done proper... She's gone.. -- she got mad.. And made my life miserable for about 1 week and then moved out. . Good luck.. I feel for you.. I've been there.. | | |  | New Member | |
Jun 29, 2012, 03:09 PM
| | | im 17, i have an uncle that lives with me and my family. he hasnt payed bills or rent for 4 years.how can i get him his girlfriend and 2 daughters out of my parents house? no one likes them, they are abusive towards each other and we do not want them here but they refuse to leave. what can i do? i live in california. | | |  | Uber Member | |
Jun 29, 2012, 04:12 PM
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Originally Posted by clarisssa_ im 17, i have an uncle that lives with me and my family. he hasnt payed bills or rent for 4 years.how can i get him his girlfriend and 2 daughters out of my parents house? no one likes them, they are abusive towards each other and we do not want them here but they refuse to leave. what can i do? i live in california. | You can't get them out. Your parents would have to evict them according to California law. | | | | Thread Tools | Search this Thread | | | | Add your answer here.
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