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    ladyofthehouse's Avatar
    ladyofthehouse Posts: 1, Reputation: 1
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    #1

    Oct 11, 2008, 12:46 PM
    Evicting uninvited person from owner's home
    I am a California resident and here is my problem and I co-own a small home. Several months ago a woman I met lost her home to foreclosure and has no job. She told me she was being evicted from interim housing situation. I told her she could stay with me under certain conditions - one, she must look for a job and apply even though the job does not pay what she what's, and two - she must look for a place that she can stay in the long run, even if it is something she does not like. She has stayed several months without paying anything, then I agreed to let her stay one more month if she could pay one month's rent and a deposit. She managed to get booth. She also signed an agreement that she would move out at the end of the month. The woman is 60 years of age and I am 56, and we do not get along. I also have been ill and can not have this woman in my house any longer. My house is private property, and not a rental unit. How can I legally get this woman out of my house?
    Choux's Avatar
    Choux Posts: 3,047, Reputation: 376
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    #2

    Oct 11, 2008, 12:54 PM

    Your kindness is causing you problems because you have to file and get her evicted by a judge from your property.

    If you do anything else, you can be sued.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 11, 2008, 12:58 PM

    Yep, you will have to evict her, just like she was a renter, Give her notice, if she does not leave, file for eviction in housing court
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 11, 2008, 03:06 PM
    Quote Originally Posted by ladyofthehouse View Post
    I am a California resident and here is my problem and I co-own a small home. Several months ago a woman I met lost her home to forclosure and has no job. She told me she was being evicted from interim housing situation. I told her she could stay with me under certain conditions - one, she must look for a job and apply even though the job does not pay what she whats, and two - she must look for a place that she can stay in the long run, even if it is something she does not like. She has stayed several months without paying anything, then I agreed to let her stay one more month if she could pay one month's rent and a deposit. She managed to get booth. She also signed an agreement that she would move out at the end of the month. The woman is 60 years of age and I am 56, and we do not get along. I also have been ill and can not have this woman in my house any longer. My house is private property, and not a rental unit. How can I legally get this woman out of my house?

    Agree with other answers - all other issues aside, she is there, you no longer want her there, she has to be evicted.

    Here is the law (and the procedure - I'm quoting myself so I don't have a site):

    Landlords can legally evict by serving a written 30, 60 or 90-day notice on the tenant. The minimum is 30 days but the landlord can also give 60 or 90 days' notice.

    The landlord can instead serve a 3 day notice if the tenant: fails to pay rent; violates any provision or a written lease/rental agreement; was conducting illegal activities on the premises (such as selling drugs); did substantial damage to the property; interfered with other tenants to a substantial degree.

    If the tenant does not move before the end of the time, then formal eviction papers must be filed with the Court.

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