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Thoreau (T-USA)
Thoreau (T-USA), Attorney
Category: Legal
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Experience:  Attorney
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My ex-girlfriend will not move out of my house. She does not

Resolved Question:

My ex-girlfriend will not move out of my house. She does not have a rental agreement. She pays a small amount to help with utilities but has not contributed in the last 2 months. She fell off of a ladder a month ago, went to the emergency and was released the same day with a fractured rib. She is threatened to sue me if I do not purchase a new laptop computer for her and give her an additonal 30 days to move out.

I live in California

Thank you
Submitted: 3 years ago.
Category: Legal
Expert:  Thoreau (T-USA) replied 3 years ago.



Even if you placed a deposit or have a subscription

I only get paid if you click Accept.



Thank you for your question!


A lease need not be in writing to be enforced. An oral agreement can typically be enforced as well.

If a tenant and a landlord have an agreement that the tenant will pay a sum for rent and the tenant fails to do so, the landlord may pursue eviction. For non-payment, this requires a 3-day notice to pay rent or quit.

If there's no breach of an agreement (oral or written), a landlord may still terminate a month-to-month tenancy. For a tenant who has lived in the location less than 1 year, the notice required is 30 days. For a tenant who has lived in the location more than 1 year, the notice required is 60 days.

There are other circumstances in which a tenant may be evicted in a relatively quick fashion (with 3 days notice). Because there are many such circumstances, I will provide the link below so that you can review them.
http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-land8.htm


Once a landlord has provided the proper notice, if the tenant won't leave, the landlord may pursue the legal eviction process (detailed below, with forms). However, a landlord may not physically and forcibly remove a tenant. Instead, the landlord must pursue the legal eviction process and seek the assistance of the state in forcibly removing a tenant once the landlord wins such a suit.

California Self-Help: Landlord Guide
http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-land.htm


Please do not shoot the messenger.
If you need clarification, please feel free to ask using the
Reply feature.


I only get paid if you click Accept, even if you placed a deposit or have a subscription. Bonuses are greatly appreciated, though bonuses are entirely at your discretion.


Sincerely,

T-USA


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Thoreau (T-USA), Attorney
Category: Legal
Satisfied Customers: 9176
Experience: Attorney
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