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qbpg1 · May 5, 2013, 02:56 PM

I own my house and except for her personal property (i.e. clothing etc) own everything in and on the property. She has been living with me for over a year. She pays no rent or unilities. Nor has any been asked of her, so she is not a "tenant", she is a resident. I want her to leave.I have asked her to leave, she has stated she was leaving but she does not leave. I assume because she will not leave willingly I will have to evict her. What are the CA laws I must follow? What kind of notice is required? I am hopeful once she is served with the Notice to Vacate she will pack her bags and go but the key word here is "hopeful"

Thank you for your answers.

LisaB4657 · May 5, 2013, 03:02 PM

You may not think of her as a tenant but the law will treat her as one. So you have to follow California law for eviction of tenants.

The first step is to give her a written notice that her tenancy is terminated and she must move out within 60 days. If she does not move out by the end of that time then you have to file a lawsuit for eviction. The court will assign a trial date and if your ex is unable to offer a defense then you will be granted a judgment for eviction. Once you have the judgment you can request that the sheriff or constable perform the eviction.

You can learn more about California landlord/tenant law at Landlord/Tenant Book Index - California Department of Consumer Affairs

ScottGem · May 5, 2013, 03:07 PM

You are right, she isn't a tenant but a resident. However, as a resident, she must be treated just about the same as a tenant when it comes to eviction. Lisa gave you the process you have to go through.

qbpg1 · May 5, 2013, 03:19 PM

What about treating her as a "single lodger in a private residence"? As noted in the California Tenants-California Department of Consumer Affairs booklet? I still have to give her the 60 days notice but do not have to go through the eviction process?

LisaB4657 · May 5, 2013, 03:23 PM

You can certainly try to evict her as a lodger after the 60 day period is up. However if she still refuses to leave you will have to contact the police to have her removed as a trespasser. The police are notorious for NOT knowing the law and may refuse to remove her, telling you that you have to have her evicted by the court.

If she's still there after the 60 days, call the police and see if they'll remove her. But if they don't then you'll have to go to court to have her evicted.

qbpg1 · May 5, 2013, 03:32 PM

Ok Thank you very much for your help. One last question. I do not n=have to retain a lawyer to do this do I?

LisaB4657 · May 5, 2013, 03:34 PM

No, you don't need a lawyer to do this unless the house is owned in the name of a corporation.

Good luck!

qbpg1 · May 5, 2013, 03:35 PM

OkThanks again for your help.

ScottGem · May 5, 2013, 04:37 PM

I don't think you can use the Lodger tactic here because she was not paying rent. She was living in the house as your companion from what you said.

However, you don't need a lawyer here. You can file for an eviction order (assuming she still refuses to move) on your own.