Calif. Lanlord Needs Help Evicting Tenant.
I need some legal advise on evicting a girlfriend (tenant) who I was living with for about 5 years. The residence was purchased by myself in my name. At no time during those twelve years did she pay rent.
I recently moved out and allowed her to stay in the house as a renter. After a year of living out of State I have decided to move back into the residence. The rental agreement was set up as a month-to-month basis, which she has paid as agreed each month.
I now want to move back into the residence. I served her a 30-day notice. I actually gave her a 90-day notice due to some health issues she was having. After the ninety days she has refused to move out. I then obtained legal council and served her with an unlawful detainer.
My attorney is now in the process of serving her the unlawful detainer. I am wondering if the tenant refuses to move out after being served what legal action do I have and when can I legally get back into my residence. Thanks
The Sins you do two by two you pay for one by one. Kipling, rented a guest house in Simla. Hill Station you know, veddy nice.
The matter is now in the hands of your attorney who has I assume filed an Unlawful Detainer Action.
My suggestion is that you follow your attorneys advice. Just make it a simple eviction of a tenant. Be interesting to know if she is going to contest the matter. Does she have any documentation at all as to giving you assistance in making a payment?
Just let it go thru to trial and hope she does not show, get your default judgement and abstract same and give it to the Sheriff and in due time he will come out and tell her to move or else he will return shortly and escort her to the curb. etc. etc.
Good luck, Lucius
I bet her attorney is trying to push the envelope on the "common law" issue.
If you dated her that long and lived with her, I bet her attorney is trying to pull something over on you. That is my thought. Try to evict her and see what happens.
Best of luck,
Jeff Adam
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