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casual t | How can i evict someone from my own apartment? |
i live in los angeles. i don't expect the evictee to be violent.
Additional Details
in california there is a law preventing people from being kicked out of a place that they have resided in for a specified amount of time (like a month) and have possesions at. if there is a notice i need to serve them where do i obtain it? do i serve it myself? it's my residence, the person has never paid rent and i don't want to involve the manager/landlord. still, i think i have the right to kick them out and want to know how to excercise it. and yes, said person knows i want them to leave and is aware of the law that says i can't throw them and their crap in the street. |
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getrdone
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Have you talked to your manager? If the person is not on the rental agreement they can put a notice on your door that if they do not leave you will be evicted. If this doesn't work then you can call the police and have them removed. If they are half way responsible the managers message should be enough. If they are on the rental agreement or lease you would have to go through the courts. In the mean time you might be asked to move as well. Good luck ADDED INFORMATION
You do not need to serve someone in California if they are not on the rental agreement all you need to do is call the police and have them thrown out . I live in California and I had to have someone thrown out of my apartment. You can't serve someone because you can not sublet your apartment. Trust me I have worked in apartments for over twenty years. |
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Ambulance Chaser
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Just call him for a candle nigth dinner and serve him the tastiest dish u can cook/ buy and give him a drink and a farewell gift saying that u will miss him after he is gone..witha compimentary card of the nearest inn/lodge/hotel expiring in two days...
I think he will get ur point and leave u on ur own
or
Give him a 15 days notice for eviction if doesn't respond threaten him that u will take legal proceedings against him |
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Track1
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As long as their name is not on any lease, you can ask them to leave. If they refuse, call the police to have them removed. If there is a lease involved, you have to take them to court and have a good reason why breaking the lease is necessary. |
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Sagebrush Kid
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Try http://expressevictions.com/faq.php#1 if you want some forms.
Since a tenant can't evict another tenant, that would make YOU the "landlord" and him the tenant, since you are, in effect, subletting him the apartment or a portion thereof, for some consideration, one assumes. Technically, you're the tenant and he's the subtenant.
I believe he'd have a "common law month to month tenancy" or something to that effect.
First, I'd say it's just not working out- please leave. If that doesn't work...
Depending on your agreement and living arrangements and how long he's been there, a 3-day eviction ,30 day, or 60 say eviction is called for. You didn't provide enough details to say which one to use.
Contact your local legal aid and get some facts about the law in your area before proceeding. |
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krm29619
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Talk to them saying you need the space for your relatives, if they don't, fix some middle man to talk to them, still same, make a complaint.. |
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senior2tor
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If the party is not paying rent and never has then he is not a tenant but just a guest in your home. Common law marriages have power after so many years living together. |
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Stephen
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I've watched cops on tv a few times and this situation happens often and what the police say is if they have lived there more than a month then they have a right there. So you have to give them 30 days. Now I don't know what state that was in but I hope it gives you an idea. I would personally just speak to the person about it and give them a few days. That why they don't get violent and they should have some respect for you for being up front about it. Good luck. |
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BeeBee
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You are not a landlord so don't worry about "evicting". Just throw their stuff out while they are out and change the locks. Don't ever let someone move in w/o signing the lease. If they sign the lease then you can put in a 30 day notice and leave them there. Since this person is not on the lease if you leave, the eviction will go on your record even though you don't live there because you are the person who signed the agreement. So don't do that! |
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Faerie_Queene3
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You pack his/her stuff, leave it outside the door, and change the locks. |
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