Eviction/ New owner [California]?
Hi we have relative in our house that lives in a room that pays no rent and is a drug addict and a threat to our family and others. How do I as the owner get her to leave the house so I can clean and sell the house? I've heard that even if theres a new owner she can still refuse to leave
- babyboomer1001Lv 71 month agoFavourite answer
Why aren't you "bodily" throwing her out? She doesn't pay rent so she is not a tenant. She's just a parasite guest who has overstayed her welcome. Get a couple of friends to carry her out and dump her on the street, and call the police on her. Have her charged with trespassing. When she screams that she lives there, is a tenant. Deny it. Tell the police that she has never contributed a dime, has never been a tenant, there's never been any lease or tenant agreement, and that she was invited in as a guest only and now won't leave. And you want her out because she's crazy and a druggie. Another alternative is that if she ever leaves, be prepared to change the locks immediately and text her that she is not welcome back and if she sets foot on your property again, you will have her arrested for trespassing.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- SimplytheFACTSLv 71 month ago
if they are actually a threat, you may be able to have them removed immediately.
absent a severe enough threat....you need to give notice to terminate tenancy (maybe 60 days). I have read mixed info...some says you don't need a court order after the 60 days, 1 source says you do.
trying selling her her in place, you will get you butts sued by the buyer....the tenancy agreement survives the sale....even if its not written, it would revert to state laws for a month to month tenant.
you have to check to see how covid will affect it....but you have 60 days before you can take legal action..hopefully courts will be functioning then.
- JudyLv 71 month ago
you have to go to court to evict hr.
- Landlord365Lv 51 month ago
You have to serve a notice to vacate in accordance with CA law. If they still refuse to vacate then you file an eviction in court.
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- SlickterpLv 71 month ago
Give them a notice to vacate (30 days, 60 if they have been there over 1 year) and then evict if they do not leave.
- L. E. GantLv 71 month ago
She doesn't have the right to refuse to leave, except under very special circumstances. But, you can evict her although you might have to get sheriffs and bailiffs involved in the process, if you own the property.
- JudithLv 71 month ago
So why is it you aren't looking this up online for the state of California - just like we would have to do in order to answer your question. Go to the source.