If a homeowner died with no Will or children but did have a live-in girlfriend for 2 years, does she have any rights to a reasonable eviction period?

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If a homeowner died with no Will or children but did have a live-in girlfriend for 2 years, does she have any rights to a reasonable eviction period?

Their bank accounts were separate but they shared expenses. The homeowner’s mother is kicking her out of the house. Does the girlfriend have any rights as a tenant to a reasonable amount of notice of eviction from the house they shared? Also, does she have the right to keep the mother out of the house during the month that girlfriend has already paid her portion? The heir has already gone into the house without permission and taken items belonging to the girlfriend.

Asked on June 26, 2012 under Real Estate Law, California

Answers:

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

Answered 9 years ago | Contributor

The heir is not allowed to go into the house and start taking items belonging to girlfriend.  The owner of the property has to follow proper eviction procedures which include 30 day notice.  Only the sheriff's office can evict.  The girlfriend should contact the local district attorneys office and complain that the property owner is attempting to evict without proper notice and also entering the premises without permission.  The trouble is that without a lease or other documentation, the girlfriend is going to to be somewhat less protected. 


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