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    CynLeeV's Avatar
    CynLeeV Posts: 4, Reputation: 1
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    #1

    Jan 22, 2007, 09:48 AM
    Roommate that won't leave
    I have been living in my apartment for 7 years. Last March I let a friend and her daughter stay with me for 2 weeks which has turned into almost a year. Things were fine at first but now they are weird and I want her out. I told her she needed to leave and she is looking for a place but is being impossible to deal with. I want her to leave now but she keeps telling me that I am not kicking her out. I just want her to go. I don't know what to do now, the manager keeps asking me when she is leaving I have no answer. She does pay me rent and I think the manager put her on the lease for legal reason I assume but I want her out, what should I do?? I am in California
    pluckyflamingo's Avatar
    pluckyflamingo Posts: 220, Reputation: 17
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    #2

    Jan 22, 2007, 09:51 AM
    Is she on the lease at all?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 22, 2007, 09:55 AM
    Has she ever paid you rent? If so, then she is your tenant and you have to follow CA laws to evict her.
    CynLeeV's Avatar
    CynLeeV Posts: 4, Reputation: 1
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    #4

    Jan 22, 2007, 10:03 AM
    She is not on the lease and she does pay me some money, not enough.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 22, 2007, 10:39 AM
    By paying you some money, she established what a court might consider a tenant/landlord relationship. Therefor, to be safe, you would have to follow CA law to evict her. You will find a link to CA law here:

    https://www.askmehelpdesk.com/real-e...ion-25845.html
    CynLeeV's Avatar
    CynLeeV Posts: 4, Reputation: 1
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    #6

    Jan 22, 2007, 10:40 AM
    Thank you. I called the manager and he is going to see what he can do.
    CynLeeV's Avatar
    CynLeeV Posts: 4, Reputation: 1
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    #7

    Jan 22, 2007, 11:09 AM
    She pays me rent but cash, there is no receipt. Is that something that would help me?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Jan 22, 2007, 11:17 AM
    Quote Originally Posted by CynLeeV
    She pays me rent but cash, there is no receipt. Is that something that would help me?
    Hello Cyn:

    Not unless you want to lie about it.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jan 22, 2007, 11:27 AM
    You can treat her as a trespasser and tell her to get out by such and such a dae and then change the locks on that date. But if takes you to court and testifies she was paying you rent, you might have a problem.
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