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petuniaflower · Jul 25, 2012, 05:00 PM

I inherited a home from a man that I was the caretaker and Power of Attorney for. While the man was still living I hired a woman to help with the care taking. I let her live there in exchange for her services. After the man passed away I continued to let this woman live at the home rent free. Now seven months have passed and I cannot afford to let her live there any longer. She understood that at anytime she would be asked to move out of the home. Well that time has come and I have asked her to leave. Her response was completely hostile and threatening. She will not leave. What can I do?

LisaB4657 · Jul 25, 2012, 05:03 PM

She needs to be treated as a month-to-month tenant. You have to give her a written notice that her tenancy is terminated and she must leave within x days. The time depends on the state where the property is located. Most states require a minimum of 30 days notice to terminate a month-to-month tenancy but some states, such as Florida, allow less. Tell us the state and we can tell you the time.

If she hasn't moved out by the end of the time then you have to file a lawsuit for eviction.

petuniaflower · Jul 25, 2012, 05:35 PM

Originally Posted by LisaB4657

She needs to be treated as a month-to-month tenant. You have to give her a written notice that her tenancy is terminated and she must leave within x days. The time period depends on the state where the property is located. Most states require a minimum of 30 days notice to terminate a month-to-month tenancy but some states, such as Florida, allow less. Tell us the state and we can tell you the time period.

If she hasn't moved out by the end of the time period then you have to file a lawsuit for eviction.

The state is California.

LisaB4657 · Jul 25, 2012, 05:39 PM

If she has lived there for a total of more than one year then you have to give her 60 days notice. If she has lived there for less than one year then you have to give her 30 days notice.

This is a handbook put out by the State of California that explains everything about landlords' and tenants' rights. Landlord/Tenant Book Index - California Department of Consumer Affairs

AK lawyer · Jul 25, 2012, 05:46 PM

Originally Posted by petuniaflower

I inherited a home from a man ...

This has gone through probate, right?

ballengerb1 · Jul 25, 2012, 06:25 PM

I agree with Lisa but AK has a point, how did this clear probate in 7 months? Can you tell us more?