How do I evict a family friend?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I evict a family friend?

I hold title to our SFR in joint tenacy. My wife has allowed a long friend to move with my authorization. I want ner gone can I do? Evict? I want her gone.

Asked on April 27, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Friend or not, a few of the details here regarding the tenancy need to be cleared up.  Your wife entered in to an lease agreement - although it is oral it is still a lease agreement - with your friend with your knowledge and consent, correct?  I am assuming that it is a month to month agreement, correct?  So then you have to give her one month's notice to leave.  If she does not leave after a month then you have to start eviction proceedings.  The rules surrounding the 30 day notice and service and eviction proceedings are very, very specific and courts are particular that the statutes are followed to a "T."  So I would get some assistance here.  And please make sure that you and your wife are on the same page in all of this.  You both need to be on the notices and eviction papers.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption