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mattismrfixit · Nov 30, 2007, 01:16 PM

My now ex-girlifriend, will not leave my house. I had originally agreed to let her stay there (since Nov 2), until she got a place on the first of Dec (tomorrow), that's not going to happen. She drinks heavily and last night destroyed some dors in the house and smashed a glass table outside, cutting herself. Did a lot of searching on the web, not sure if I have to give her 30 day notice? Keep in mind this was to be a temporary situation, she got the key by taking my "spare" and, unknowingly to me, changed her mailing address to mine. This is in Orange County, CA. Please help me!
Thanks in advance for any insight

angel0772001 · Nov 30, 2007, 01:19 PM

You did give her a 30 day notice when you told her that she had until the 1st to find a place. Good luck

ScottGem · Nov 30, 2007, 01:27 PM

How long as she been there? When did change her address and for whom? Has she paid any rent?

mattismrfixit · Nov 30, 2007, 01:50 PM

She has been there since Nov 2, on the premise that is was temporary, since she was to get a place on Dec 1st. She changed her address (without my knowledge) shortly after the 2nd, since she needed to receive her unemployment check. She foes not pay any rent or utilities, everything was (is) verbal)I did give her verbal "I need you gone ASAP", that was on Nov 7th. That is my question, even with the premise of being a temporary situation, am I still bound by the 30 day notice?
Thanks again guys, really appreciate it...

ScottGem · Nov 30, 2007, 01:57 PM

Well here's the problem, she is clearly a tresapasser at this point. But if you turn her out on the street, you could wind up in trouble. So to play it safe you might want to go thorugh eviction. On the other hand, if she goes into a drunken rage, call the police, have her removed and file a restraining order against her.

mattismrfixit · Nov 30, 2007, 02:03 PM

Thanks Scott, talked to a friend, who is a Police Officer, pretty much echoed your response. I am on my way to the local PD, going to talk to them & will post outcome (Monday)

JudyKayTee · Nov 30, 2007, 03:33 PM

Originally Posted by angel0772001

you did give her a 30 day notice when you told her that she had til the 1st to find a place. good luck

If you are going the eviction route you will need it in writing or it's your word against hers.

And I agree - get the Police involved.

ScottGem · Nov 30, 2007, 05:07 PM

From what I know the police are unlikely to enforce a trespassing charge. All she would need to do is show that her clothes are there and they will bow out. On the other hand, drunk and disorderly, may get her out.

mattismrfixit · Dec 3, 2007, 11:24 AM

Weekend aftermath:
Well it boiled over Sat night, she drank, tore up my closet, I had to call cops, he showed up talked to me & then went to talk to her, next thing I know, I hear a big commotion, he is restraining her, trying to put cuffs on her, she is freaking out, he called for back-up, more cops show up, all my neighbors are outside, really a bad/embarrassing deal. They said same thing, got to do the eviction/30 day deal. She bailed out @ 4 in the morning, walked back to my house, so far peaceful, but, who knows what will happen.. What a nightmare.

One more question, on the restraining order, does that supersede the 30 day? In other words if I get one, does she have to go immediately OR do I still have to do the eviction process?

Thanks again guys for the response's.

ScottGem · Dec 3, 2007, 11:36 AM

That's what I was saying to you. I would take the arrest report to the court IMMEDIATELY and see about a restraining order. If she is not allowed to go near you then she can't live in the same house, can she? So yes, you have shortcutted the process.

When you obtain the order you can then change the locks legally. The order can specify that she can send a representative to get her things by appointment.