What legal action can I take if I told my sister that she could stay with me for 3 weeks but now 10 months later she will not leave?

She is not on the lease and does not pay any rent. I have repeatedly asked her to leave and she won’t. I’m in violation of my lease with her here.

Asked on September 9, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Although techincally she is not a tenant but a trespasser, calling the police may be a "family issue" and a route you do not wish to take. You are going to have to evict her and I would do so before your landlord evicts you on a breach of lease. Sad to do with your own sister and hopefully the discord will mend itself because there will be tension for a while. I might try having a lawyer send her a letter first advising that she has x days to leave.  Then if she does not move on.  Can another familt memeber talk with her on your behalf?  That is another avenue to take before getting the courts involved.  Good luck. 


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