guest that won't leave

[trucker1]

the guess that want leave

My friend has a quess that he cannot get to leave his apartment. She came for two weeks to visit and its been 1 year. Sacramento, ca. How can he get her gone legally? I am the landlord, and is trying to help him out. he has both ask her to leave, and requested her to leave with no success.

she is not on the lease, and he has accepted no monetary rewards from her. she is stressing him out, and it is effecting my ability to keep my tenants happy. he really wants her gone. he is 67, and on a fixed income. what can I do as the landlord to help.

thanks,
trucker1

 

[Duranie]

He needs to officially serve her with a 30 day eviction. After 30 days I would just change the locks. He might have to go to court and file a court eviction. You should look up the landlord tenant laws for CA, all your info should be there but putting a notice on her room that this is her offical notice or the locks will be changed, should work.

 

[CdwJava]

If the person truly has contributed nothing towards food, utilities, or rent, they have no right on the property and can - in theory - be ejected as any other trespasser. However, many law enforcement agencies will be reluctant to cast ANYONE out who has been there for a year!

You as the landlord would have to evict him from the apartment to get her out.

The tenant might also consider obtaining a restraining order if the court will provide one to him ... but, it might be hard to argue a reasonable fear if she has been allowed to stay for a year.

There is no easy answer for him or for you in this.

- Carl

 

[CdwJava]

He needs to officially serve her with a 30 day eviction. After 30 days I would just change the locks. He might have to go to court and file a court eviction. You should look up the landlord tenant laws for CA, all your info should be there but putting a notice on her room that this is her offical notice or the locks will be changed, should work.

She's not on the lease ... he cannot evict a person who is not on the lease. he would have to serve the tenant and all occupants. Unfortunately, the only option there would be to evict the tenant ... though, I suppose they could serve and then move to evict the tenant and then allow him back after the eviction ... hmmm ...

- Carl

 

[Duranie]

However, she is an occupant of the property. If she gets her bills there, police are going to be very reluctant to do anything. She is still a tenant, non paying or not. If I were him, I would just pack her things up and tell her to get out. Since she has ignored all requests to move and pays nothing, it is highly unlikely she will have any unlawful eviction claim, but I am not an attorney.