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Question

For State of CA: I rent a two bedroom apt.. that is month to month. 18 mos ago I let a friend move in as a roommate. The woman has turned out to be difficult to live with. She is frequently late with rent and is just plain mean. I would like to evict her. What is the legal process I should take and what are her legal rights in fighting this should she choose?

Submitted: 168 days ago.
Category: Legal
Value: $40
Status: CLOSED
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Optional Information

State/Country relating to question: California

Already Tried:
Nothing yet. Making sure I'm positioned properly legally before taking action.

Posted by B. T. Mayer, Counselor at Law 168 days ago.

Info Request

Hi there: is she subleasing from you, or has she simply been added as a co-renter? Does she pay rent directly to you, or does she pay it to the property owner?

168 days ago.

Reply

She is subleasing from me and pays rent directly to me. I believe she's been evicted before (found out after she moved in) and most likely will fight which is why I want my ducks lined up. There is no written agreement between us.

Accepted Answer

Hi there:

 

to evict a tenant, you have to go through the unlawful detainer process. You can get a detailed description of "how to" including forms from your local bookstore's legal section (or amazon.com) or at least the forms at your local superior courthouse. The basics are that you need to serve the tenant with a "notice to quit". If the tenant does not vacate in the time allotted, you must then file an "unlawful detainer action". That will permit you to get an order for evition; a writ of execution is issued then and may be taken to the sheriff's office for the forceable eviction of the tenant, if necessary.

 

Let me know if more information is needed, and please remember to click "accept". Thank you.

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Expert: B. T. Mayer, Counselor at Law
Pos. Feedback: 99.5 %
Accepts: 2043
Answered: 10/3/2009

Attorney

Attorney experienced in family, probate, criminal, and personal injury law.

167 days and 23 hours ago.

Reply

Is there anything else I need to do so that I'm on legal footing before proceeding with the process you outlined? Is it okay to evict someone as long as proper notice is given or do I have to have specific grounds?

Posted by B. T. Mayer, Counselor at Law 167 days and 23 hours ago.

Info Request

Hi again:

 

I typically request that customers click accept before proceeding with follow-up questions, unless there was a problem with the original answer. Is that ok? I am glad to continue assistance either way.

167 days and 14 hours ago.

Reply

Is there anything else I need to do so that I'm on legal footing before proceeding with the process you outlined? Is it okay to evict someone as long as proper notice is given or do I have to have specific grounds?

Accepted Answer

Thank you for the accept. You just need to make sure that you cross your t's and dot your i's. Most people get jammed up because they make a procedural mistake and have to start over. Going to the bookstore will cost you around $29.99 but save you weeks of frustration. You do not need specific grounds to evict someone, but you can evict them faster if they have not paid or are damaging the premises--the notice needs only to be 3 days in advance of filing for an unlawful detainer. However, if there is no legal basis for the eviction and if they have lived there for more than a year, there needs to be a 60 day notice. I will typically advise clients to serve a 3 day, 30 day, and 60 day notice to quit simultaneously just to cover all their bases.

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Expert: B. T. Mayer, Counselor at Law
Pos. Feedback: 99.5 %
Accepts: 2043
Answered: 10/3/2009

Attorney

Attorney experienced in family, probate, criminal, and personal injury law.

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