Can I ask my messy tenant to move out?

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Can I ask my messy tenant to move out?

My tenant and I don’t have a lease; she just pays money for 1 room. We share the kitchen, restroom and other public places. But she uses everything in my house, including all the cabinets in the kitchen and she put her furniture in the dinning room. My house is now a mess. I want her to move out she doesn’t leave. Can I ask her to move her things into her room? If the house is my husband’s name, can take her to court? What do I do?

Asked on January 4, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, you have a month-to-month lease with your tenant which is oral. If you are not happy with how the living arrangements are with her, you can try to work out the situation for the better and if that is not to your satisfaction you can ask her to move or serve her with a 30 day notice of termination of her oral lease.

If she refuses to leave, your option would be to serve her with an unlawful detainer action filed in the county court house in the county where the property is located. If you need to file the unlawful detainer action against her, you should first consult with a landlord tenant attorney.


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