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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53953
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I'm trying to get a now ex friends ex boyfriend to leave my

Customer Question

I'm trying to get a now ex friends ex boyfriend to leave my mother's home. They had a verbal agreement that he had to leave a couple days after Christmas 2015. He leaves for a day or two but comes back. He doesn't have any petsonal stuff here and has never paid rent. I need help on how to get him to leave. This has been going on since Christmas. What can my mom do?
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. The ex friend is actually a friend of my daughter. We've known her for twenty years. My mom just wants the guy to leave
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else the Real Estate Lawyer should be aware of?
Customer: Aware of? Not sure what you mean. He was homeless and it was made clear by my mother that he could only stay if he was going to take steps to better his situation and that it wasn't permanent or even long term. That was in November of 2015. My mother gave him til a couple after Christmas. She has been stuck ever since. What can I do or she do in this situation
JA: OK. Got it. I'm sending you to a secure page on JustAnswer where you can place your fully refundable $5 deposit (plus $13 after the Real Estate Lawyer responds). While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and connect you two.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Richard replied 9 months ago.

Hi! My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? In what state are you located? Thanks.

Customer: replied 9 months ago.
San jose california
Expert:  Richard replied 9 months ago.

Thank you. Unfortunately, if he will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. When there is no lease and even if he's paying nothing, the occupant is considered an “at will” tenant and treated legally as a month to month tenant. As such, you can terminate this tenancy by giving written notice of at least 30 days. If he does not leave voluntarily, under California law, you will then need to give a 3-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. In the interim, if he poses any threat to your person or property, you can get a restraining order to get him out of the house immediately while the eviction process runs its course.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 9 months ago.
He hasn't any stuff here. He got a storage and left. The problem is he keeps coming back every couple of day when he has nowhere else to go. I don't even know how he's getting in. We lick up the house. No key has ever been given.
Customer: replied 9 months ago.
Now what
Expert:  Richard replied 9 months ago.

Thanks for following up. The following California Code specifies when you can treat him as having abandoned the tenancy. Otherwise, you still have to give him the notices above. I'm sorry!

1951.3. (a) Real property shall be deemed abandoned by the lessee, within the meaning of Section 1951.2, and the lease shall terminate if the lessor gives written notice of his belief of abandonment as provided in this section and the lessee fails to give the lessor written notice, prior to the date of termination specified in the lessor's notice, stating that he does not intend to abandon the real property and stating an address at which the lessee may be served by certified mail in any action for unlawful detainer of the real property. (b) The lessor may give a notice of belief of abandonment to the lessee pursuant to this section only where the rent on the property has been due and unpaid for at least 14 consecutive days and the lessor reasonably believes that the lessee has abandoned the property. The date of termination of the lease shall be specified in the lessor's notice and shall be not less than 15 days after the notice is served personally or, if mailed, not less than 18 days after the notice is deposited in the mail. (c) The lessor's notice of belief of abandonment shall be personally delivered to the lessee or sent by first-class mail, postage prepaid, to the lessee at his last known address and, if there is reason to believe that the notice sent to that address will not be received by the lessee, also to such other address, if any, known to the lessor where the lessee may reasonably be expected to receive the notice. (d) The notice of belief of abandonment shall be in substantially the following form: Notice of Belief of Abandonment To: _________________________ (Name of lessee/tenant) ____________________________ (Address of lessee/tenant) This notice is given pursuant to Section 1951.3 of the Civil Code concerning the real property leased by you at ________ (state location of the property by address or other sufficient description). The rent on this property has been due and unpaid for 14 consecutive days and the lessor/landlord believes that you have abandoned the property. The real property will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ________ (here insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) unless before such date the under signed receives at the address indicated below a written notice from you stating both of the following: (1) Your intent not to abandon the real property. (2) An address at which you may be served by certified mail in any action for unlawful detainer of the real property. You are required to pay the rent due and unpaid on this real property as required by the lease, and your failure to do so can lead to a court proceeding against you. Dated: _______ ___________________ (Signature of _____________________ lessor/landlord) _____________________________________________ (Type or print name of lessor/landlord) __________________________________________ (Address to which lessee/tenant is to send _______ notice) (e) The real property shall not be deemed to be abandoned pursuant to this section if the lessee proves any of the following: (1) At the time the notice of belief of abandonment was given, the rent was not due and unpaid for 14 consecutive days. (2) At the time the notice of belief of abandonment was given, it was not reasonable for the lessor to believe that the lessee had abandoned the real property. The fact that the lessor knew that the lessee left personal property on the real property does not, of itself, justify a finding that the lessor did not reasonably believe that the lessee had abandoned the real property. (3) Prior to the date specified in the lessor's notice, the lessee gave written notice to the lessor stating his intent not to abandon the real property and stating an address at which he may be served by certified mail in any action for unlawful detainer of the real property. (4) During the period commencing 14 days before the time the notice of belief of abandonment was given and ending on the date the lease would have terminated pursuant to the notice, the lessee paid to the lessor all or a portion of the rent due and unpaid on the real property. (f) Nothing in this section precludes the lessor or the lessee from otherwise proving that the real property has been abandoned by the lessee within the meaning of Section 1951.2. (g) Nothing in this section precludes the lessor from serving a notice requiring the lessee to pay rent or quit as provided in Sections 1161 and 1162 of the Code of Civil Procedure at any time permitted by those sections, or affects the time and manner of giving any other notice required or permitted by law. The giving of the notice provided by this section does not satisfy the requirements of Sections 1161 and 1162 of the Code of Civil Procedure.

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