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amanda c | Question about eviction? |
Ok my friend as we will call her needed a place to stay so me being the nice person that I am had agreed to let her stay with my husband and I.Well she was awful to live with.She isn't on the lease does not pay any bills or rent.We told her she needed to find another place to live and she started saying that we needed to give her a thirty day notice.I am almost positive that a thirty day notice applies to the lessee which my husband and I are.I am starting to get fed up with her.I am sick of free loaders thinking they have rights.They dont I work an honest living my husband and I pay the bills.So my question is do I have to give her a 30 day notice since she is not on the lease and does not pay any bills?Also this was only supposed to be a temporary thing and she knew that.
Additional Details
she has only been here about a month and a half.and for the past three weeks she has only come here to take a shower |
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A
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Kick her out! some friend she is. Can't believe you haven't just told her to f**k off and fired all her bags out the front. |
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Landlord
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You can try to kick her out, but if she calls the police they will make you let her back in, give her a new key, etc.
You have to evict her, she has been there long enough to establish residency. You evict her just like a renter, the fact that her rent is $0 does not matter and does not alter her rights in any way.
Sorry. |
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kathi1vee
 |
If she is only coming there to shower, and receives no mail there, you may be able to have her arrested for trespassing, but some local landlord/tenant laws don't allow that. So give her a 3-day written quit notice. After the third day give her the 30 day written eviction notice. You have to go by the rules even if she isn't on the lease. You have to do it by the book, so when you finally go to court (yes, you'll have to do that too) the judge will see you gave her every opportunity to get the heck out, legally. Go online and find forms that you can use, and you will also find the correct procedures for evictions in your county or city. |
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monicanena
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By law, any person MUST get a 30-day notice to vacate, whether there is a lease or not, and even if they haven't paid a cent. Type up an official notice and have her sign it. You and your husband should also sign it, and each person gets a copy.
I know you're upset, but you made the bad decision after all, and the law is the law. |
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vicseo
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She's a "squatter" according to CA law and therefore she can simply be removed by the police on the grounds of trespassing. There's no formal notice required and a simple demand to leave the premises is sufficient cause for removal.
Good luck! |
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goingcrazyinpicton
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The only reason you would to give her 30 days notice is if she was paying rent or room & board. Since she is not doing either of these you don't have to give her this notice. Bebsides it sounds like she is justing using you. She's got no prove she was paying you to stay there, like a rent receipt. . It also might violate the lease conditions to have her there. Kick her to the curb.
30. We told our house guest of eight weeks. The landlord said he would raise the rent if she continued to stay. Our house guest was unemployed, with no friends, family or money. We managed to con a con artist. We live in our own house. We don't have a landlord. |
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Strange Days
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If she only comes around to take a shower change your locks. |
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FISHMAN
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If she doesn't have her name on the lease then technically she is not supposed to be living there. If she does damage to the property it will fall squarley on your head, your name is on the list. No, you don't have to give her any notice to leave, she is abusing your kindness. Apparently she has done this before so you just need to unload her.
Here is my advice from a guy who knows the rental game. Give her one more chance, a week to find somewhere to live or at least make arrangements. After that, wait till she leaves, throw her stuff out the door and change the locks. This leaves the outcome up to her. Save whats left of the friendship and find a new place to stay, or throw away the friendship and end up homeless.
She has no legal rights to your place. |
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reenzz
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Depending on your state...she can be treated as a tresspasser. Call your local law enforcement, explain the situation.
Good luck.
Hopefully she does not receive mail at your address...that makes things much harder. |
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Biggie @ Arbor Mortgage
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It really depends on how long she has been there. If it is really a short period of time, she is trespassing, so no notice. Has she changed address & everything?? I would just have the locks changed & put all her stuff outside. |
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