Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.
I am sorry that you have suffered both a violation of trust with this individual and are now dealing with this matter of her belongings. The proper way to take care of this individual is through an "unlawful detainer" and eviction proceeding against her.
While she did not pay rent, and the housing was part of her employment agreement, evicting a person from their dwelling requires the use of this summary judicial proceeding to return possession of the real property back to the landlord and to terminate the occupancy by the tenant. The good part about this is that if she is not responding, and fails to answer the unlawful detainer complaint, the matter moves very quickly.
I can provide you with a couple of websites that are very helpful in understanding the process, the necessary notice (You can use shortened notice as there is evidence of unlawful activity on the premises), and how to file your case.
Here is a website from the California Department of Consumer Affairs (the sub-links are helpful as well, so please use them if they apply to your specific matter): http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
And here is the link to the California Courts website specifically for unlawful detainer actions: http://www.courts.ca.gov/11010.htm
Thank you Bill, you sound very nice and on the ball. I do not have any way to know WHERE to serve her with the Unlawful Detainer or Notice of Eviction. Which website is easiest to navigate as I am a bit of a luddite when it comes to things like this. All I have is her cell #, and her cousin's cell #. I am really frightened, utterly overwhelmed by everything (divorce, 2 kids w 2 new schools, only one me. No family to help. My ex not helping. I weigh 97 lbs. Super cute, but way too thin. I am frail and super-stressed. My daughter's symptoms are exacerbated by stress. I don't know how much more I can handle at this juncture, or time to devote to this matter.
The Dept. of Consumer Affairs is generally the easiest to navigate. You can provide notice by posting the notice on the door to the property (or entry door to the separate property), I am trying to locate the definitions for service in the website for you.
Here are the definition sections for service, along with helpful tips to assist in your future court proceedings (if necessary).
This page may be more specific, try the final section regarding how to give notice. (my apologies for the double posting): http://www.dca.ca.gov/publications/landlordbook/terminations.shtml#properserviceofnotices
Thank you! The caveat here is that I live in home that is a gated property. I have changed all the locks and gate codes. I have told her that she is not allowed back on the premises and that if she attempts access I will call the police. So I can put the notice on the door but she will not be able to see it. There is no separate entry without entering the property. My soon to be ex will go nuclear if I allow her back onto the property and could use against me in custody proceedings to illustrate bad judgment. And of course, I didn't know she was up to this stuff. I was going to fire her anyway because of her behavior. She has denied the meth paraphenalia is hers. She has his phone # XXXXX many others. People who would have reason to see me in trouble (like the ex and his fiancé).
You must give her written notice of the eviction. You can do it by mailing, or hire a process server to track her down. You can post it on the gate in the event she were to come back (leave it there for 3 days), you can text her, but you must give her written notice (a formal letter is best, XXXXX XXXXX have to use the best efforts to notify her that you intend to take this action.
Regarding the issues with your ex and his fiance. Unfortunately, I am not able to be as of much assistance with this matter. If you are represented by family law counsel, please advise them of what action you intend to take (they do not have to perform the unlawful detainer for you, but give them advance notice of what you are doing before you serve this individual, an attorney has a far better chance of helping if they know what to expect before things start happening).
The question about whether having this individual as an employee is already there, you are simply ending her employment there and evicting her from the home in a reasonable and prudent fashion. While there may be ways that things can be twisted and manipulated, it does not mean you should allow a potentially dangerous condition continue in your home. But with that being said, I am not able to give you specific strategic advice or legal instruction as we cannot practice law through the forum (we just don't have enough of the facts to make a proper analysis for your case, and we are prohibited by our state bar, but hopefully the information is helpful in making your decisions).
Dear Customer, thank you for using our service today, please do not forget to rate my answer when you are satisfied. I have had some issues lately with browser compatibility so I will move our conversation to our forum's "Q&A" format, to ensure that you can view my answer, and that I can respond to any further questions you may have. Best regards, Bill.
I do have an email address for her I realize, but who is to say that she will read it, or a text... Do you know how I can contact a process server? The only thing I know is where her children go to school or that her ex works for the MTA. But I believe if I embarrass her in any way with her family or kid's school, or if her ex were to terminate the visitation rights he allows, that I would be invoking the Tortious Interference? Thank you Bill. You are very nice, thorough and succinct. You provide the community with a valuable service. I hope I can figure this out. Maybe someday I'll meet a nice guy like you... I am really scared.
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