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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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So I was in an eight year lesbian relationship and have broken

Customer Question

So I was in an eight year lesbian relationship and have broken up for 3 months. I tried to let her stay until she can find a place to live. She is making it difficult to be in the same house. The utilities and house is all in my name. She pays me some money for rent but it doesn't even cover 1/2 the bills! I do have to say that when we moved into the house she gave me $12,000 to put down on the house but at the time it was not agreed it would be something that would need to be payed back. Now she is demanding I pay it pack to her. During an argument a couple years ago she insisted I send her an email stating I would pay her the money back and would not leave me alone until I did so I sent her an email saying I would make payments to her. I don't mind making the payments but she is saying she wants the money in one lump sum which I cannot do! She is now saying that I need to get a lawyer because she is going to make sure I get fried,
My question is......under California law what can I do to get her out of my house and what are my obligations? We are NOT filed as domestic partners! Thanks PDMW
Submitted: 2 years ago.
Category: Legal
Expert:  BizAttorney replied 2 years ago.

BizAttorney :

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.

BizAttorney :

Any transaction over $500, must be in writing in order to be valid and enforceable.

BizAttorney :

Did you make any payments to her at all?

Customer: No payments yet!
BizAttorney :

Perfect!

Customer: How do I get her out of the house!
BizAttorney :

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.

BizAttorney :

To get her out of the house, you have to evict her just like you would do with any tenant by doing the following:

BizAttorney :

Before January 1, 2003, thirty-day notice was standard. Now, a landlord must give sixty-days notice
to terminate month-to month tenancy when the tenant has lived in the unit for one year or more. (Civ.
Code § 1946.1.)

BizAttorney :

Periodic tenancies (e.g., month-to-month) continue until either the landlord or the tenant terminates
the tenancy with proper written notice of at least the length of the rental period. If the tenant has lived
in the unit one year or more, the landlord must give sixty-days notice to terminate the tenancy. The
rental agreement may specify a shorter notice period of no less than seven days (but that applies only
to the tenant's notice to the landlord). (Civ. Code §§ 1946, 1946.1.)

Customer: Do I need o go to court to get the notice?
BizAttorney :

Successful eviction of a tenant generally involves:
l serving notice on the tenant;
l filing the unlawful detainer action; and
l obtaining a judgment giving the landlord lawful possession of the property.

Customer: Ok.....not an easy process!
BizAttorney :

No, you can do the notice yourself. You only have to go to the court if she fails to leave.

Customer: Ok I see!
BizAttorney :

No, it is somewhat complicated. You should give her the notice, then only get an attorney if she doesn't leave.

Customer: Thanks for the info!
BizAttorney :

No, it is somewhat complicated. You should give her the notice, then only get an attorney if she doesn't leave.

BizAttorney :

Let me see if I can find an example of a Notice that you can use as a template... one moment please.

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
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