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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8090
Experience:  Just Answer consultant at Self employed
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I moved into my girlfriends apartment several years ago. I

Customer Question

I moved into my girlfriends apartment several years ago. I pay my share of the bills. I'm also covered under her work insurance which I pay additional cost. I'm actually recovering from procedure . All of a sudden she want me out. What right do I have.
Would appreciate your advice
Submitted: 11 months ago.
Category: Legal
Expert:  legalgems replied 11 months ago.

I am sorry to hear of this; a few minutes please as I look into this.

Expert:  legalgems replied 11 months ago.

So California gives protection to long term tenants; the lack of a written lease is irrelevant; basically, the court will look to see if the person considers the residence his/her home - if so, this person is considered a tenant for purposes of eviction, and as such, the "landlord"(LL) must comply with the legal process for unlawful detainer. The LL must formally serve a 30 day Notice to Quit. After 30 days the LL has to serve a Summons and Complaint for Unlawful Detainer. The tenant has 5 days to answer. Then, generally within 3-4 weeks there will be a trial. Once the LL gets a judgment of possession it takes 1-2 weeks for the sheriff to enforce it. The tenant may move out voluntarily after receiving notice. Here is the handbook that discusses the process, and the parties' respective rights:

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

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