How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34846
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have a girl friend that Moved in my house and move some of

Customer Question

I have a girl friend that Moved in my house and move some of her stuff in she has been here for a month or two now she refuses to leave what do I do
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California I own the house she has her own house
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

She is considered a legal tenant now under an oral month to month tenancy and you are her landlord. In CA, you can terminate a month to month tenancy with a written 30 day notice to vacate.

.

If she doesn't move out within the notice period, then you can file an Unlawful Detainer (eviction) action in the local Superior Court. She has 5 days to respond or you can file for a default judgment. Once the judgment is final (she does not appeal) you can get a writ of possession. On the 6th day after getting the writ of possession delivered, you can have the sheriff supervise the eviction of any her and her belongings.

.

You can't just throw her and her stuff out or she can call the police who will force you to return her to possession and she could then sue you for an unlawful eviction for damages.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Related Legal Questions