How best to evict an occupant staying on your rental premises?

We just renewed a lease on September 1 with our tenant for 6 months. Yesterday, she phoned us to say that she and her partner broke up going to court and she has moved out of our property. However, her partner is staying there but she had never mentioned before that her partner was living there with her, nor did she fill in the Section 7 on the lease regarding any additional occupants. She has been paying rent on time and the most recent rent was paid on 9/1. What the best we can do to terminate the lease and evict her partner out of our property?

Asked on September 16, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You will need to give notice and start an unlawful detainer action, suppose for breaching the lease by failing to declare additional occupants--if there is such language in that section of your lease.  You should read the CA Landlord Tenant Manual published by the Department of Consumer Affairs--it will give you a lot of guidance in this area.

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