I live in San Mateo County, CA. I let my niece stay with me temporarily. To help her out. She has paid no rent & helps out with none of the increased costs of living. She get's sporadic temp jobs. Most days she sleeps in late & watches TV all day, she stays up very late at night watching TV making messes around the house. She states because she gets mail at this address she is a legal tenant. I obtained a legal 30 day notice yesterday 7/9/12 from a lawyer at a free self help clinic at the county courthouse. I mailed her a certified copy of the notice & left a copy for her because she was out at the time. I'm wondering how difficult is it going to be to actually get get her out of here after the 30 days are up. She has a very hot temper & is uber angry & contentious. It is very stressful living here. We have interacted lately very little in the last couple of months. I don't know how much more of this I can deal with.ThanksNorm Knepher
Country relating to Question: United States
State (if USA): California
I have asked her several times to leave. After an angry hostile confrontation on the 15th of last month. that the County Sheriff's had to intervene in I gave her a very brief handwritten 30 day notice. The lawyer I spoke with said if she was going to fight it, I should give her the notice on a legal form. I have done this.
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Good morning. Even though without a lease andif a person is intended to be just a guest, after that person has been inoccupancy for more than a couple of weeks, that person becomes an "atwill" tenant even though paying nothing. Such a tenant is deemed to be a month to month tenant. As such, theowner can terminate the tenancy by giving written notice of at least 30 days (60 days in CA if the tenant has been there one year or more)If the tenant does not leave voluntarily, under CA law, the owner will thenneed to give a 3-Day Notice to Quit...meaning the tenant must vacate thepremises within that period or face formal eviction. Then, if the tenant stillhas not left, the owner must file an Unlawful Detainer petition for an eviction order. Once thatis granted...the owner can have the sheriff evict. Unfortunately, what theowner cannot legally do is move the tenant's stuff out, change the locks, ortake any other means of "self-help" eviction prior to obtaining theeviction order.
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