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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37458
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a wheelchair bound friend who allowed someone to stay

Customer Question

I have a wheelchair bound friend who allowed someone to stay in her house for a month or two, ended up in hospital for a month then rehab for a month. has been home for a couple of weeks and this man will not leave. He is using her garage as storage as well as her home which makes it difficult for her to move about. He drinks and is verbally abusive. What are her options? She lives in Mission Viejo.
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your friend's situation. My goal is to provide you with excellent service today.
She may of course demand that he vacate her home but she must follow some rules in getting him out.
As he was allowed to stay for that period of time she must now give him a 30 Day Written Notice of Termination of Tenancy. Then, if he is not out by the 30 days, she must sue him for Unlawful Detainer.
Below are links to the forms you will use in the CA court to evict the tenant. If there are any other persons there who are not tenants under your agreement, you must serve him with a separate document if you do not identify and name them in the Unlawful Detainer Complaint.
Under the law, if the reason for eviction is the failure to pay rent, or a violation of the rules, you may file the eviction after the Three Day Cure or Quit Notice is served on them.
If they are month to month tenants and you just want them out, and they have been there less than 1 year, you must first serve/hand or post at their door a written 30 day Notice of Termination of Tenancy. If they have resided there more than a year, the notice must be a 60 day notice. The process, after you file the Unlawful Detainer Complaint in the court, from start to finish takes on average3 to 4 weeks and I’m sorry, but there is no way to expedite it beyond that time frame.
If rent is paid on the first, you can serve the notice at any time, but it won't be effective (the end of the 30 days) until the end of month following the day you first serve them with the Notice of Termination. Here is a link to the 30 day notice of termination form that you must first serve on them. http://www.hrfh.org/forms/30_Day_Notice_of_Termination_of_Tenancy.pdf
Here are the forms you will need---the Summons and Complaint for Unlawful Detainer, the Default form if they don't file an Answer to the Complaint, and a Judgment form:
Unlawful Detainer Form
http://www.courts.ca.gov/documents/ud100.pdf
Request for Entry of Default
http://www.courts.ca.gov/documents/civ100.pdf
Judgment Form
http://www.courts.ca.gov/documents/ud110.pdf
Default Declaration
http://www.courts.ca.gov/documents/ud116.pdf
Do it Yourself Guide for Evictions
http://www.courts.ca.gov/selfhelp-eviction.htm
Document to serve on other non-tenant persons staying in the home, if you don’t identify and name them in the Unlawful Detainer Complaint
http://www.courts.ca.gov/documents/cp105.pdf
Three Day Notice to Quit for serious violations:
http://www.hrfh.org/forms/3_Day_Notice_to_Quit.pdf
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
This seems like a very serious situation for you and your friend, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug