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av2272 · Aug 6, 2011, 01:29 PM

Hello yes I have a niece that has been staying in my apartment for the past four months and she does not pay any rent and she has not done anything to get a job or to look for a place of her own and now I want to evict her from my apartment how do I go about the eviction process I have told her I want her to leave but she refuses to leave when she moved in she was supposed to get a job and look for a place to live but hasn't done none of this basically she is a bum that doesn't want to do anything need help

twinkiedooter · Aug 6, 2011, 01:34 PM

Did you know she was a "bum" prior to having her move in withyou?

You will have to go about legally evicting her as there is no other way to get rid of her.

ScottGem · Aug 6, 2011, 04:01 PM

The question is whether she qualifies as a lodger: California Tenants - California Department of Consumer Affairs

If she does, you give notice and then have her removed as a trespasser.

av2272 · Aug 6, 2011, 05:57 PM

I forgot to mention that I did know she was a lazy person but I gave her the benefit of doubt when she moved in but till now she isn't paying any rent or anything else as she had no job to begin with but you can't help someone that doesn't want to help themselves but now I want her out of my apartment because she causing problems for me that is why I wrote in here for help

ScottGem · Aug 7, 2011, 04:24 AM

Did you check the link I gave you

AK lawyer · Aug 7, 2011, 05:47 AM

Originally Posted by ScottGem

The question is whether she qualifies as a lodger: California Tenants - California Department of Consumer Affairs

If she does, you give notice and then have her removed as a trespasser.

Interesting summary of the California law pertaining to lodgers. It should be noted that while written notice to quit is required, in certain circumstances a formal eviction proceeding isn't. Of particular note:

If a kind-hearted homeowner allows a person to stay in his or her home, without asking for rent, the guest is still classified as a lodger.
If you allow more than one person to stay (such as a friend and his or her child), they are entitled to all rights of a conventional tenant.

To apply this to OP's situation,

OP should give her niece written notice stating that the niece has 30 days to move. It doesn't specify what the period if there is no agreement to pay rent; so I assume it's 30 days. If the niece doesn't leave in that time, OP should contact the police and have the niece arrested as a trespasser.