What do I do if I rented my home to a relative with only verbal agreement and he has moved out but girlfriend stayed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do I do if I rented my home to a relative with only verbal agreement and he has moved out but girlfriend stayed?
I gave him written 90 day notice. What can I do if she doesn’t leave?
Asked on February 4, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can have her removed by filing an "ejectment" action; "ejectment" is basically eviction for non-tenants; or you may be able, since she was the girlfriend of a tenant, to treat her as a holdover tenant (a tenant who stayed past move out date or termination of tenancy) and remove her through an eviction proceeding. You can get her out, but *must* go through the courts--you will incur liability if you try to simply lock her out on your own, turn off her utilities, etc. A good idea, since this is not the typical (and easiest) eviction case of a regular tenant who has not paid rent is to retain a landlord-tenant attorney to help you; let the lawyer decide on which of the possible courses of action is best.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.