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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87744
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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5 months ago my girlfriend moved into the house I rent. We

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5 months ago my girlfriend moved into the house I rent. We are not married. She is not on the lease and has never paid rent. She did change her mailing address to the house address and receives mail there.

She has ended the relationship, but will not move out. She has become verbally and emotionally abusive, yelling at me and insulting me, she has even woken me up in the middle of the night to yell at me.

How can I make her move out?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. She is what is known as a tenant at will. A tenant at will is someone who has no right to occupy the premises, but is tolerated by the owner (or in this case, tenant, i.e. you) and may be terminated at the will of the tenant.

A tenant at will has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. So in this case, you are the tenant-landlord and she is a sub-tenant.

If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.

However, many tenants at will simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she still does not leave; and
4) Change the locks.

Now know that since she is a tenant at sufferance, notice to quit is not required before filing for an eviction - see CAL. CIV. CODE § 1954.31(d)(1). However, it is good practice to give her one just to possibly have her move out from that and avoid having to file eviction. Again, the majority of tenants at will shall leave upon notice, or shortly after an eviction is filed.

For a step by step eviction procedure, please see here.

If you need a sample of an eviction notice, please let me know by using the REPLY button.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

HI Ely


 


Would I start with a 3 day notice to quit? please give me a sample of this.


If she does no move out after that do I go to the Unlawful Detainer?


If she contests the unlawful detainer do I have to let her stay in the house while it goes to trial?

What about the abusive behavior? Does that give me any grounds to have her removed? Or do I have any other recourse to make her end this?

Expert:  Ely replied 1 year ago.
M,

Would I start with a 3 day notice to quit? please give me a sample of this.

Keep in mind that the notice is NOT required for a tenant at sufferance, ergo, there is no requirement as to what your informal notice should say. Ergo, below is a sample:

THREE DAY NOTICE TO PAY RENT OR QUIT

YOU ARE HEREBY NOTIFIED that you have three days to quit the tenancy of (adrs) before (your name) files for unlawful detainer against you to recover possession of said premises and and to recover damages and legal/attorney fees for doing so.

Sincerely,

Signature

Name

Date

It is that simple.

If she does no move out after that do I go to the Unlawful Detainer?

Correct. Unlawful Detainer is the legal term for eviction.

If she contests the unlawful detainer do I have to let her stay in the house while it goes to trial?

Yes, but, an unlawful detainer hearing is normally very fast - one to two weeks after filing, at the most.

What about the abusive behavior? Does that give me any grounds to have her removed? Or do I have any other recourse to make her end this?

Possibly. Alternatively, you can file a restraining order on her and ask the Court to demand that she leave the home "temporarily." See here (ironically, the website is geared towards women but do not worry, the same applies to either gender). Once she leaves, then someone in your situation may take her belongings and place them into storage, giver her access to it if she wants, and change the locks. In essence, you would have evicted her "per se" informally. If she tries to come in again, she can be arrested for trespassing.

However, an eviction is normally less adversarial than a restraining order and is much easier to prove (as well as virtually guaranteed). It is your decision, of course, on which to utilize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

I understand the 3 day notice is not required but it seems like it would be helpful. Since rent is not involved can I have it read:


 


THREE DAY NOTICE TO QUIT



?

Expert:  Ely replied 1 year ago.
M,

I understand the 3 day notice is not required but it seems like it would be helpful.

Indeed! This is what I was stating and I wanted to make sure we were on the same page - we are!

Since rent is not involved can I have it read: THREE DAY NOTICE TO QUIT

Yes. My apologies, I meant to write THAT but out of habit, added "to pay rent" as well. The above (Three Day Notice to Quit) is perfect.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87744
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi ely


 


I gave her the 3 day notice to quit and she didnt move out


 


I spoke to an attorney about the unlawful detainer, who said that because she has been living in my home for several months she has legal rights as a tenant; and that a 3 day notice to quit isnt legal, and that i have to give a 30 day notice to voluntarily vacate. Please clarify This is in Los Angeles CA.

Expert:  Ely replied 1 year ago.
Mike,

Hello again.

I spoke to an attorney about the unlawful detainer, who said that because she has been living in my home for several months she has legal rights as a tenant; and that a 3 day notice to quit isnt legal, and that i have to give a 30 day notice to voluntarily vacate. Please clarify This is in Los Angeles CA.

I hate to disagree, but I have to. Perhaps you need to clarify to them that:

1) She was NEVER PAYING, and as such
2) She is a tenant at sufferance.
3) As a tenant at sufferance, she enjoys some rights of a regular tenant, but a NOTICE TO QUIT is not one of them -
4) "A tenant at sufferance ... is entitled to no notice before an unlawful detainer action is commenced." Roberts v. Casey (1939) 36 Cal. App.2d Supp. 767, 775 [93 P.2d 654].

This is CA-wide case precedent.

Again, I hate to disagree, and furthermore, the attorney is local, wherein we are simply talking general information online, and not legal advice.

But my conclusion seems fairly well-backed here.
Customer: replied 1 year ago.

Thanks Ely


 


It appears she is willing to negotiate, to avoid legal action, she is asking for some time to move out.


 


Would it be possible to create some sort of agreement in which she waives her rights of residency and agrees to move out by a certain date? would this be enforceable, or is my best course of action to go ahead with the unlawful detainer?


 


If such an agreement would be enforceable can you suggest or point to any language that should be used?


 


Thanks again

Expert:  Ely replied 1 year ago.
Mike,

It is indeed possible, of course. However, here is the catch. If she disregards the agreement after signing it, you would be BACK to the same issue (i.e. having to evict her, one way or another). So honestly, I would VERBALLY and INFORMALLY tell her "you have ____ days, or else."

This way, one still has the option to evict at any time.

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