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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34902
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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how do i evict an ex fiance from my home.

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how do i evict an ex fiance from my home.

Good afternoon Lorne,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Below are links to the forms you will use in the CA court to evict your ex fiance.

Under the law, if the reason for eviction is the failure to pay rent, or a violation of the rules, you may file the eviction after the Three Day Cure or Quit Notice is served on them.

If they are month to month tenants and you just want them out, and they have been there less than 1 year, you must first serve/hand or post at their door a written 30 day Notice of Termination of Tenancy. If they have resided there more than a year, the notice must be a 60 day notice.The process, after you file the Unlawful Detainer Complaint in the court, from start to finish takes on average3 to 4 weeks and I’m sorry, but there is no way to expedite it beyond that time frame.

If rent is paid on the first, you can serve the notice at any time, but it won't be effective (the end of the 30 days) until the end of month following the day you first serve them with the Notice of Termination. Here is a link to the 30 day notice of termination form that you must first serve on them (you may convert it to a 60 day notice if necessary. If she will not leave voluntarily leave by the end of the notice period you will need to file the Unlawful Detainer action to evict them.

Here are the forms you will need---the Summons and Complaint for Unlawful Detainer, the Default form if they don't file an Answer to the Complaint, and a Judgment form:

Unlawful Detainer Form

Judgment Form

Default Declaration

Do it Yourself Guide for Evictions

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