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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53982
Experience:  Lawyer; developer/owner of RE developments.
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Our son going thru divorce has moved off my property but

Customer Question

Our son going thru divorce has moved off my property but spouse refuses to leave when asked to lve by him. Both of them not owners, no lse or rental agreement signed . I want to sell property, she refuses to lve .. Can I place notice to lve in 7 days or eviction notice will B served? By placing notice .. (1st) text and/or registered letter, (2nd) eviction notice served by officer giving no more then a wk to vacate
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 6 months ago.
Hi! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  insearchoftheanswer replied 6 months ago.
Unfortunately, if she will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease and even if she's paying nothing, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy under California law by giving written notice of at least 30 days (60 days if she has occupied the property for 1 year or more). If she does not leave voluntarily, under California law, you will then need to give a 3-Day Notice to Quit...meaning she must vacate the premises within that period or face formal eviction. Then, if she still has not left, you will have to file an unlawful detainer petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move her stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if she poses any threat to your person or property, you can get a restraining order to get her out of the house immediately while the eviction process runs its course. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force her out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry! Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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