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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33794
Experience:  Attorney for over 15 years, landlord 26 years
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My son was living, refurbishing and paying rent in a house

Customer Question

My son was living, refurbishing and paying rent in a house I bought in Costa Mesa. During that time he married a woman who turned out to be violent. He left the house to avoid being physically abused (having been hit) and came to stay with me. He is filing for divorce. His property and tools remain in the garage that he uses for work and he has asked her to leave so he can go there in peace to work and repair the damage she has done to the house. Both work but have no savings (no property, no children, etc). She said she would leave in two weeks if I gave her $750 to hold an apartment she found and $750 to move in. I gave her the $750 last month and she has not moved nor does she intend to in the near future. How do I get her out?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Unfortunately, what you have is someone who has gained "squatter's rights" as a month to month tenant under an at will tenancy.
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In order to terminate her tenancy, you would have to give her a 30 day written notice to terminate and specify the date that it will end. Then if she doesn't move out, you will have to file a formal eviction action called an "unlawful detainer" in the local Superior court to get a judgment of eviction and a writ of possession so you can have the sheriff physically remove her and restore you to full legal possession of the property.
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With that said, you would have grounds to sue her for breach of contract for failing to move as agreed. But it might be like getting "water out of a stone" if she has no money to repay you.
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thanks
Barrister
Customer: replied 1 year ago.
Can he do anything through the divorce process?
Expert:  barristerinky replied 1 year ago.
Unfortunately no, as this would be considered the "marital home", for whatever that is worth... The only way he could get her out would be if a judge awarded him sole possession of the property or she got violent, assaulted him, he filed a criminal complaint and then got a restraining order against her.
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So giving her a 30 day and then evicting through the courts is likely going to be your fastest route.
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thanks
Barrister

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