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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110491
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We have an undesirable person living in our home. She has

Customer Question

We have an undesirable person living in our home. She has been here for almost two years. We would like to know what our rights as home owners are. She tells us because she has our address on all of her mail, her picture ID we are unable to legally evict her. Is that true?
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
That is not legally or factually correct. If you own the home, she is treated like a month to month tenant (even if she has no lease or never had a lease or even if she has never had to pay rent). You need to give her a 30 day written notice of eviction and you need to tell her if she does not go in 30 days you will evict her. If she still refuses, then you need to go to court and file suit for eviction (unlawful detainer) and serve her the suit and a summons to appear. She can show up in court with her ID and 2000 pieces of mail in her name at the address if she wants, but the court will still order her to leave or he will send law enforcement to physically remove her.
She is trying to bully you and treat you like you are ignorant, but do not let her. Go through the process and take her to court and the court will tell her that her claims are nonsense and will tell her to leave or law enforcement will forcibly remove her from the premises.

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