CanI force my ex-girlfriend out of my house if we had a verbal agreement that she would leave within 2 months but she is still here?

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CanI force my ex-girlfriend out of my house if we had a verbal agreement that she would leave within 2 months but she is still here?

She signed nothing; she pays no rent or utilities; she does not use this address.

Asked on August 18, 2011 California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since she pays no form of rent she is not a tenant. However in most states she will be considered to be a "licensee" that is someone invited to enter and remain on the premises (basically a long term guest).  Now that her "license" (i.e. invitation) has been revoked she will need to be evicted if she will not voluntarily move out. 

What will first need to be done is to serve her with a written notice (30 days).  If she still hasn't vacated by the time specified in the notice you will need to go to court and file an "unlawful detainer action" (i.e. eviction lawsuit). Once a judge issues an order to vacate, your ex-girlfriend must vacate the premises. If she doesn't you can contact the sheriff who will remove her.

In the meantime do not use any "self-help" measures such as changing the locks or removing her belongings. If you do you can find yourself on the wrong side of a civil suit.  Further, make sure to comply with all procedures according to the letter of the law. You may want to consult with an attorney who specializes in landlord/tenant matters. Additionally, here is a site that you might find to be of help:  http://www.courtinfo.ca.gov/selfhelp/other/landten.htm


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