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philip.simmons
philip.simmons, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 34996
Experience:  10 years experience in the law
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I have had a house guest for 2 years who doesnt pay rent and

Customer Question

i have had a house guest for 2 years who doesnt pay rent and i need them to leave
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: are you a real person?
JA: Yes, I'm a bot. I make the process of talking to the lawyer more efficient and affordable by asking basic questions. What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: i am in san francisco
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  philip.simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  philip.simmons replied 2 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking the process to evict for non payment of rent?

Customer: replied 2 months ago.
Hey sorry....I have had a guest at my house for 2 years now. She has never paid rent or utilities. I was helping her out bc she was in a tough spot. Now i need her to go bc I need to legally rent out the inlaw for money as I am strapped for cash. She is padlocking her door and refusing to leave.
Expert:  philip.simmons replied 2 months ago.

Thanks

You need to have the court order eviction. And how you obtain that will depend...is/was there an agreement for rent? I understand they have been there for some time...but was there ever an agreement for rent? Or was this always gratis?

Customer: replied 2 months ago.
she never paid rent.. there was never an agreement to pay rent. i was just helping her out.
Expert:  philip.simmons replied 2 months ago.

Thanks

As a "house guest" she is, technically, a "lodger". This is good...it is easier (generally speaking) to evict a lodger.

You do have to go through a process. Since she has lived there more than 1 year, you must give her notice, in writing, and at least 60 days to find a new place to live. Keep a copy of that notice.

After the 60 days have elapsed, if she still refuses to leave? You can contact law enforcement and request they assist in removing her. There is no requirement that you have a court order to evict once you have provided the 60 days notice.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 2 months ago.
I have given her 4 months notice actually. First she claimed she didn't get the texts then she now pretends she never recieved the note i slid under her door. Is a 60 day notice required to be signed or anything?
Expert:  philip.simmons replied 2 months ago.

A signature is not required..if you gave notice in writing, and they have not left, you can contact law enforcement and request they assist.

Expert:  philip.simmons replied 2 months ago.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.