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**Mi$chieviou$** | Ex passed away and 21 year old daughter is in MY house that I pay for.. How do I get her out (California)? |
She is trying to get a restraining order against me because I want her out of my house. How do I go about getting her out. There is no lease/rental agreement, the house is in my name and I want my house back so I can sell it!
Additional Details
This is my house, in my name solely and she does NOT pay anything for RENT. I NEED to sell MY house and that is that. She said a few months ago that she would find another place and has NOT. |
 |
 
HPH
|
Contact a local attorney that specializes in the landlord side of evictions. It's relatively inexpensive since it's a routine thing but if you try to do it yourself and don't cross every t and dot every i you will have to start over. DO NOT turn the utilities off, change the locks, move out any of her things or block her entry to the property in any way until you have the eviction order and meet the Marshall at the property; any of that could end up costing you $500 a DAY.
You can list the property for sale at any time. Your agent has the right to show the property with a 24 hour notice. However the house may not "show" well. I tried to sell a house where I was evicting the tenant and every time the agent tried to show the house the front door mat was covered with dog doo. We pulled the listing until the eviction was complete. |
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Landlord
 |
You will have to evict her, there are no special rules for throwing your own children out on the street. Your child mourning her mothers passing no less. You are just a sweet heart, aren't you? |
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-^Chris^-
 |
If the house is in your name and ONLY your name, then you can sell it whenever you want. if she still refuses to leave after the house has been sold, then the new owners can have her charged with trespassing and have her physically removed by the local Police/Sheriff department.
and since she's 21, you're not obligated by law to care for her anymore... unless she's physically or mentally handicapped and it's documented that she needs full-time care. |
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Rhapsody
 |
Easy. Let her get the restraining order. Then she's not allowed in your house!!! If the house is in your name, and not your ex's (aka, wasn't left to the daughter in a will) than you have full rights to the home. Just tell her to leave. 21 is a bit old to still be living at home anyway.
Simply put, just kick her out, she has no legal recourse. Period. |
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littlerascal711
|
if you own the house you can evict her. If the house was your husbands house and his only, you will have to wait for the Estate to take care of the division of property. Did the ex have a will? You say the house in in your name You can only evict her If your husband Jointly owned the house you should get legar counsel to help you with this situation. Either way there may be problems so obtain legal counsole as soon as possible, I do not think that she can get a restraining order to keep you from your property but I am not a lawyer in California so Consult a lawyer there |
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NIGEL A. MARIN
|
This best way is to send her a certified letter via Mail, or have a 30 day pay or quit served to her. If she does not respond, you legal can evict her. It may take a total of 60 days and some money. |
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Brooke
|
Since there is no lease, contact a lawyer and have him send her a letter with a date for her to be out by. You can also go to your county/city and get an eviction notice to get her out. Since it is your house, she is technically trespassing, so you could threaten to charge her with trespass.
Good luck! |
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JAS
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You're the devil. How can you treat your daughter like that? I hope you get what you deserve for being so terrible to that poor girl. Her father just passed away and you want to throw her out on the street? Really nice, try thinking about someone other than yourself. |
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dragonfire
|
1. put the house up for sale
2. since she has established legal residence there, you cannot legally kick her out, she is not squatting, so it's not illegal, there is nothing you can do
3. once the house sells, it will be the new owner's problem and not yours
4. either that or take matter into you own hands, call in sick on day, wait until she leaves for an errand, change the locks, disconnect the phones, move all her stuff outside on the curb
or let some big ugly looking guys live there, walking around naked if possible to scare her out,
you are thinking way too conventional with a case like this, it's not to hard to get someone out, turn off all utilities ( power, gas, cable, water ), she'll move out eventually |
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Johnny A
 |
was it yours before marriage or did you BOTH buy it? |
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paperpenandtea
|
You evict her. She doesn't have rights to stay there for free so either she pays rent or gets evicted. A restraining order can't stop her from getting evicted. |
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Bob D
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No lease , check the cali laws but you will have to start th eeviction process and a restraining order wont do anything..
Though I dont wish you luck because I think your morals and ethics are at best suspect if it is your biological child... |
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