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I have had a house guest for 2 years who doesnt pay rent and…

Customer Question
I have had a...

I have had a house guest for 2 years who doesnt pay rent and i need them to leave

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Are you a real person?

Lawyer's Assistant: 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?

I am in san francisco

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 6 minutes by:
8/1/2017
Lawyer: philip.simmons, Lawyer replied 8 months ago
philip.simmons
Category: Landlord-Tenant
Satisfied Customers: 36,547
Experience: 10 years experience in the law
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: philip.simmons, Lawyer replied 8 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?

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Customer reply replied 8 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.
Lawyer: philip.simmons, Lawyer replied 8 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?

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Customer reply replied 8 months ago
she never paid rent.. there was never an agreement to pay rent. i was just helping her out.
Lawyer: philip.simmons, Lawyer replied 8 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.

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Customer reply replied 8 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?
Lawyer: philip.simmons, Lawyer replied 8 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.

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Lawyer: philip.simmons, Lawyer replied 8 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.
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