Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

How do I get someone out of my house that was supposed to…

Customer Question
How do I get...

How do I get someone out of my house that was supposed to just stay 2 days and it is now 3 years. they dont pay rent or for anything , she just watches tv all day on my couch

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

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There are none she asked if she could stay 2 days

Submitted: 5 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
3/27/2018
Real Estate Lawyer: Nisha Jones,
 replied 5 months ago
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Nisha Jones,
 replied 5 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Nisha Jones,
 replied 5 months ago

Even though there is not a written lease and this person is not paying rent, you will need to obtain an eviction order to have them removed from your home.

In order to do so, you'll need to go in to the Clerk's Office at your local county courthouse and request the forms for an eviction order.

The clerks should be able to help you make sure your forms are properly filled out and filed.

Your case will then be set for an eviction hearing.

Since there is not a lease, you should receive a rather quick hearing date, usually within one week of filing.

This other person will also receive notice of the hearing.

At the scheduled hearing the judge will issue an eviction order, and this order is legally enforceable by police to have this person removed from your home.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
Wow quick informative response
Real Estate Lawyer: Nisha Jones,
 replied 5 months ago

Thank you!

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Nisha Jones,
 replied 5 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
Nisha, the information you gave me is incorrect. the Clerks office does not handle evictions and they didnt know who does. and I paid 40.00 for incorrect information
Real Estate Lawyer: Nisha Jones,
 replied 5 months ago

The county courthouse handles evictions, but the clerk of court's office is where your eviction request is filed so that you can obtain a hearing date.

In most jurisdiction, the clerk's office has the forms you need to request the eviction order.

If the clerk's office in your county doesn't have the forms, then they should have directed you to the self-help department within the courthouse.

I hope that helps, let me know if you still have any questions about this.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Real Estate Law
Satisfied Customers: 3,490
3,490 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am renting to 4 tenants in one home. One tenant has been
I am renting to 4 tenants in one home. One tenant has been having personal issue with the 3 other tenants. For the last 2-3 months I did not know there have been peronsality issues. There is a communi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a rental house in Ft Myers County South west florid.
I have a rental house in Ft Myers Lee County South west florid. The original tenant whom I had the month to month lease left on his own. He was subletting the house and those people stayed. The lady t… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
hello - i rented a guest house on an estate and I found out
hello - i rented a guest house on an estate and I found out that the person i rented it from is not the owner and is just leasing the entire property. I also found out that he is only supposed to subl… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I am landlord, Carlos, in Chicago, IL Bill and Rachael (not
I am landlord, Carlos, in Chicago, IL Bill and Rachael (not married) signed a lease ($1200) and moved in Jan 5, 2011. Bill has a teen age soon who also moved in with them. Bill is a property manager f… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
I bought a house in Sept. of 2010. The house had been sold
I bought a house in Sept. of 2010. The house had been sold for back taxes.The person who bought the house did not want the house, he wanted the land that went with it.Theperson living in the house ask… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
my boyfriend moved to CO last year and has stayed with me on
my boyfriend moved to CO last year and has stayed with me on and off, he has left 3 times to go back to FL, we broke up 2 months ago and he was supposed to leave, its my house, I pay all the bills, he… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master's Degree
3,911 satisfied customers
my brother,who owns his home,has a girlfriend,(who has her
my brother,who owns his home,has a girlfriend,(who has her own house she pays rent on every mo) she has been staying with him off and on for over a year. unfortunatly his parole was revoked in june,20… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My 2 Older Sisters and I are now each 1/3 owners in our Parents
My 2 Older Sisters and I are now each 1/3 owners in our Parents Home, now that they have both passed on. I am the youngest, I'm on Disability, I was staying with my parents and helping out as i could … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I rent a condo with a roommate in Port Hueneme, CA. In March
I rent a condo with a roommate in Port Hueneme, CA. In March of this year, an old friend called and asked me if she could stay on my couch for a few weeks while waiting for a court case about her disa… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
i rented my home in april unaware it was already in foreclosure
i rented my home in april unaware it was already in foreclosure process. a few weeks ago on my door was posted notice of public auction scheduled for june 10th (2 days from now). my landlord keeps tel… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,446 satisfied customers
I am a renter located at 7479-B Magnolia, in the City of Riverside.
I am a renter located at 7479-B Magnolia, in the City of Riverside. I started having problems with the Mgr. named Carmen. Back in December, 2010, she came to my apt. and ask to speak to me, and I said… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I rented a room in a 3 bdrm house on a month-month basis.
I rented a room in a 3 bdrm house on a month-month basis. Only one of my roommates is on the lease. Our original agreement was $275.00 per month (utilities included in that rate), and I paid a $250 se… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have been living in my friends house for five years. We
I have been living in my friend's house for five years. We moved in together, and her mother bought the house for her and had a lease that had an "Attachment" which indicated that I also resided in th… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
I have been renting in pacifica california at the same house
I have been renting in pacifica california at the same house for about five years now. The other day I got a sixty day notice to move out he hired a property management to give me this. When I called … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
November 11, 2009 Dear Sir I have been renting this house
November 11, 2009 Dear Sir: I have been renting this house for about 15 years. A couple of years ago I let my son and his wife move in and take over paying the rent while I moved to a condo. My son qu… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I am living in San Francisco and trying to sell my house and
I am living in San Francisco and trying to sell my house and move to south bay. My tenant was living in the house for almost 2 yrs now. One main entrance into the house and the tenant is staying downs… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,856 satisfied customers
How do I proceed to report a fraudulent landlord I would
How do I proceed to report a fraudulent landlord? I would appreciate if I could speak with someone to explain the whole issue. Thank you in advance for your answer. Jocelyne… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I am living a a apartment behind a house with my 2 teenage ...
I am living a a apartment behind a house with my 2 teenage daughters. 3 days ago the nephew of my landlord who is 26 years old was kicked out of his parents house and is now living in the from house. … read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x