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Good evening! I can help you out with your legal question tonight. I'm sorry to hear about your relationship. She has an uphill battle to make you pay back the $12,000.
Any transaction over $500, must be in writing in order to be valid and enforceable.
Did you make any payments to her at all?
She will say that the email you sent will be a contract. You will dispute that contract stating that it doesn't have the amount, terms, interest rate, and you've never made payments on it in the past two years.
To get her out of the house, you have to evict her just like you would do with any tenant by doing the following:
Before January 1, 2003, thirty-day notice was standard. Now, a landlord must give sixty-days noticeto terminate month-to month tenancy when the tenant has lived in the unit for one year or more. (Civ.Code § 1946.1.)
Periodic tenancies (e.g., month-to-month) continue until either the landlord or the tenant terminatesthe tenancy with proper written notice of at least the length of the rental period. If the tenant has livedin the unit one year or more, the landlord must give sixty-days notice to terminate the tenancy. Therental agreement may specify a shorter notice period of no less than seven days (but that applies onlyto the tenant's notice to the landlord). (Civ. Code §§ 1946, 1946.1.)
Successful eviction of a tenant generally involves:l serving notice on the tenant;l filing the unlawful detainer action; andl obtaining a judgment giving the landlord lawful possession of the property.
No, you can do the notice yourself. You only have to go to the court if she fails to leave.
No, it is somewhat complicated. You should give her the notice, then only get an attorney if she doesn't leave.
Let me see if I can find an example of a Notice that you can use as a template... one moment please.