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
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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.
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