How do I evict my ex-girlfriend from my residence?

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How do I evict my ex-girlfriend from my residence?

She is not on the lease and has lived there less then a year.

Asked on March 8, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You write that she is not on the lease...does she pay any rent? (This includes paying indirectly, such as by paying part of a mortgage, paying taxes or utilities, etc.).

If she is paying rent, she is probably considered a month to month tenant on an oral lease. In that event, provide her a month's notice that you are terminating her tenancy and stop accepting money from her (provide the notice in writing, some way you can prove delivery). If she does not then leave, bring an eviction action in court; you should be able to get sample forms, instructions, etc. from the court (either in person or online).

If she has no lease and is not paying rent, she is only a guest. A guest may remain only so long as you permit her, and you may revoke her permission at any time. Tell her to leave; if she doesn't, she will technically be a trespasser and the police should help you remove her. If the police refuse to help (which they sometimes do--they don't like to get involved in these matters), treat her like a month to month tenant as above.


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