How do I evict a family friend?
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How do I evict a family friend?
I hold title to our SFR in joint tenacy. My wife has allowed a long friend to move with my authorization. I want ner gone can I do? Evict? I want her gone.
Asked on April 27, 2011 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Friend or not, a few of the details here regarding the tenancy need to be cleared up. Your wife entered in to an lease agreement - although it is oral it is still a lease agreement - with your friend with your knowledge and consent, correct? I am assuming that it is a month to month agreement, correct? So then you have to give her one month's notice to leave. If she does not leave after a month then you have to start eviction proceedings. The rules surrounding the 30 day notice and service and eviction proceedings are very, very specific and courts are particular that the statutes are followed to a "T." So I would get some assistance here. And please make sure that you and your wife are on the same page in all of this. You both need to be on the notices and eviction papers. Good luck.
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