How to evict someone who is not on the lease?

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How to evict someone who is not on the lease?

I have a tenant who has been late on paying her rent for the last 4 months including utilities. She has 3 more months until her lease ends and I want to evict her. Another thing is that she is not even on the lease. Her cousin who dosen’t live there is on the lease.

Asked on October 2, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the person living in your rental has no signed agreement to live in it and no sublease, then for all intents an purposes your tenant is on a month-to-month lease. If so, you can terminate the lease with a written thirty (30) day notice to terminate served upon her.

The thirty (30) day time period begins to run from the date she is served with it. If she is served with the thirty (30) day notice to terminate her lease and she fails to vacate after the stated time perios, your option would be to file an unlawful detainer action against her, have her served with the summons and complaint by a third party over the age of 18 years and see if she answers it. If not, then you take her default.

If she answers the complaint, then you end up having a trial.

Good luck.


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