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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53705
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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What do I need to do to remove an unwanted house guest from

Resolved Question:

What do I need to do to remove an unwanted house guest from my owned residence in which I live with Ex and two daughters. The ex invited the person into my house, the person does not pay rent does not occupy any specific room and really simply sponges off me.
Can I "evict" them by a 3 day notice? Do I need a 30 Day notice. What do I do if they do not leave at the end of the notice period?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Richard replied 5 years ago.
Good afternoon. How long has this person been there? Thanks.
Customer: replied 5 years ago.
Thia time - about 3 months
Expert:  Richard replied 5 years ago.

Thank you. Even though the guest is paying nothing, the guest is deemed to be a month to month tenant. As such you can only terminate the tenancy by giving written notice of at least 30 days. If she does not leave voluntarily, under CA law, you will then need to give a 3-Day Notice to Quit...meaning the guest must vacate the premises within that period or face formal eviction. Then, if your guest still has not left, you must file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, what you cannot legally do is move your guest's stuff out, change the locks, or avail yourself of any other means of "self-help" eviction.



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