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

    Jan 2, 2012, 04:11 AM
    What to do when someone won't leave
    A girlfriend stays with me & is basically free loading. I want her out but I'm just a tenant can I evict her?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jan 2, 2012, 04:23 AM
    No, you can't just call the cops on a freeloader.
    Yes, you do have to evict her if she has established herself as a tenant under the law. Tenant laws vary by state, but most say that a tenant is someone who has been in a place with permission for at least 30 days.
    What state are you in, how long has she been there, and has she ever paid a bill or given rent to you or the landlord?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 2, 2012, 04:29 AM
    Quote Originally Posted by Ddrodjr View Post
    Don't know what state your in but in this situation it's legal in California to call and have her boot out!!!
    Please site any law that support that! From my experience that is incorrect advice for California as well as any US state.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 2, 2012, 04:33 AM
    If she is not on the lease than she is YOUR tenant. Therefore you can follow the eviction process for your area to remove her.

    Do not bother calling the police. As soon as she shows that she lives there they will back off and tell you it's a civil matter.

    If you have no lease agreement with her then she is a month to month tenant. You need to give her a written notice to vacate. Depending on your locale, you may need to give her 14 days to a calendar month to vacate. If she refuses to leave by the deadline, then you have to go to court for an eviction order.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 2, 2012, 04:35 AM
    Quote Originally Posted by Ddrodjr View Post
    Cause I was in the same situation:) so there you Go!
    I don't know what your situation was, but I do know the law and there is only one situation in CA where a landlord can have a tenant put out without an eviction order. And that situation does not apply here.

    We take pride in the accuracy of the advice given here and your advice was not accurate according to what I know of the law. So, unless you can cite a statute to support your advice it is erroneous.l
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jan 2, 2012, 04:38 AM
    Quote Originally Posted by Ddrodjr View Post
    Why go threw all that work?? He ain't trying to go to court. Just do it the easy way.
    Because if he throws her out, then it becomes an illegal eviction which opens him to a lawsuit. Please stop giving incorrect advice.
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