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View Full Version : What do I need to do to evict a person living in my home ?



SUSAN GALE
Sep 7, 2006, 07:49 PM
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

ScottGem
Sep 18, 2006, 01:10 PM
Call the police and tell them you have a trespasser.

mel7tel
Oct 12, 2006, 09:49 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?

ScottGem
Oct 12, 2006, 10:02 AM
how can you evict someone whos 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.

Angelikat
Jul 24, 2007, 09:30 PM
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

dreemr57
Jul 29, 2007, 12:31 PM
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 ( harassed, 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

dreemr57
Jul 30, 2007, 04:09 AM
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 U.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

dreemr57
Aug 10, 2007, 03:08 AM
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 have 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.. :)

clarisssa_
Jun 29, 2012, 04:09 PM
I'm 17, I have an uncle that lives with me and my family. He hasn't paid 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.

JudyKayTee
Jun 29, 2012, 05:12 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.

You can't get them out. Your parents would have to evict them according to California law.

jaturitto
Feb 12, 2013, 09:51 AM
So am I. Step son will turn 18 on Friday, Feb 15. My son and I are on the lease. My son married and this young man came along with his mother. I need for him to leave and want to know how to formally do this?

JudyKayTee
Feb 12, 2013, 09:54 AM
You evict him according to your State's law. I don't know where you are so I can't post the law.

jaturitto
Feb 12, 2013, 10:03 AM
You evict him according to your State's law. I don't know where you are so I can't post the law.

Hi Judy,
I am in Southern California, San Diego County. This young man has all but dismantled our family. He brings drugs into the home (big no no), has stolen perscription meds from my son (he ended up in the ER for 6 hours), drinks at school, has been on suspension several times, and now this last week has been expelled, and has physically attacked my son 2 months ago.
Hope this helps.

Kristin82
Apr 24, 2013, 04:25 PM
Yes a lease does exist check this out,

Www.buzzle.com/articles/evicting-a-tenant-with-no-lease.html

They are a tenant.. must go through legal process after 30 days she has to get out legally

JudyKayTee
Apr 24, 2013, 06:40 PM
Kristin, how do you know there's a lease unless you are 1 person with 2 screen names AND your source does not mention that the process varies by State.