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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Im trying to find out the form needed to evict my ex from my

Customer Question

hi im trying to find out the form needed to evict my ex from my personally owed condo. she's not on any rental agreement
JA: What state are you in? It matters because laws vary by location.
Customer: CA
JA: Has anything been filed or reported?
Customer: and thnak you for you assistance in advance
JA: Anything else you want the lawyer to know before I connect you?
Customer: i was told by the court yesterday before they'll do anything i need to serve a 3 day or 30 day notice
Submitted: 2 months ago.
Category: Legal
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

She is a tenant at sufferance.

A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply lock her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate her.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.

Now, for the notice, no notice is required for a tenant at sufferance unless she has lived there for over a year. If she has lived there for over a year, then a notice of 60 days is required prior to filing. The notice IS A LETTER, and I can provide a sample letter if you want.

The actual eviction begins with a petition. See HERE for the form(s) for the petition.

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Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!