Q: what is the law on how to get someone removed from your house if they are not willing to leave. They do not pay rent
The do not have mail coming here. I want to end my relationship with them. I have served them with a 30 day eviction notice.. The house hold is unhealthy for me and my child.
A:
The eviction process in California is administered by the Superior Court of the State of California. A landlord must begin the eviction process and California law requires all persons residing in the property be served with a notice of eviction. Terminating a month to month tenancy can be accomplished with a written eviction notice of 30, 60 or 90 days served upon the tenant.
In some instances, a landlord can use a written 3-day eviction notice if the tenant has failed to pay rent, violated terms of the lease, materially damaged the property, substantially interfered with other tenants, or used the rental property to commit unlawful acts.
Please remember California laws state the landlord cannot physically remove or lock out the tenant, terminate utilities (water, cable or electricity), remove building fixtures such as outside windows or doors, or seize (take) the tenant’s belongings in order to carry out the eviction. The outlined court procedures must be used.
A:
MORE INFO NEEDED.
I ASSUME IT IS BOY FRIEND GIRL FRIEND SITUATION??? LEASE?
NORMALLY A 3 DAY NOTICE FOLLOWED BY 30 DAY (UNLAWFUL DETAINER)
IF YOU ARE GOING TO HAVE HIM LEAVE ON A CERTAIN DATE, CALL POLICE TO COME OVER TO KEEP THE PEACE
Maurice Mandel II agrees with this answer
A:
I assume that you are the only person on the rental agreement. This makes you the tenant and the other person is a sub-tenant. The relationship between you and the subtenant is the same as LL to tenant. They have the same rights to a notice of ending tenancy as you do with the LL. If they have lived there more than one year, they may be entitled to a 60 day notice to terminate the tenancy. But there are special rules about removing a subtenant/roommate from the property that would enable you to get them out in as little as 7 days.
I think you need to discuss this in detail with copies of the lease and full details about your relationship and what is going on, with a local Tenant rights or Eviction defense attorney in your area.
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