Trying to evict someone who was never really a tenant. Did we do this right and legally? We're in CA?

Question

So, she was supposed to be a guest staying here to help us out with house and kids. There was never any formal tenancy agreement, written or oral. After disagreeing with us on points that were really none of her business anyway, she became extremely hostile and harassing to the point that we had to call the police on her. 

They said that what we had to do to get her out was give her a 30-day notice, could be handwritten they said. We typed one up on the computer, using a form off of a free legal aid site, specific to California laws. We didn't put a handwritten signature, just named me as the "Agent" to whom she should hand over the key.

First, we left a copy of the notice on her stuff in our front room where she's been crashing. Then we mailed one to her and one to ourselves at this address, and in case she found both and did something to them, one to my husband's mom here in town, so there would be a sealed copy with a USPS date stamp if we needed it.

When she got home, she ripped up the copy we'd left, coldly informing us that it was illegal and that she knew her rights. We called some friends to be witnesses, and personally served her another copy. She again started shouting and harassing us and our guests, and we called the police again. The officer looked over our form and informed her "You got 30 days, lady." He turned to us and told us that we should take it to the local court to have it formalized, at which point she crowed, "See, proves my point exactly!"

So, my questions:  1) Is the typewritten notice we gave her sufficient to evict, or do we legally have to go through the court?  2) Having had no formal agreement of any kind, did we have to give her notice of any kind, or could we have saved ourselves another month of harassment? I know it's moot now, but I'd still like to know.

(She'd been here for 6 months to the day on the date of the notice.)

Thanks for any and all help!

Andrew · Accepted Answer

Your 30 day notice is more than enough - it is all you are required to give. Since she is not leaving, go to your court and file for an unlawful detainer (eviction) lawsuit. You have more than enough reason to want her out of your house, so they judge will side with you easilly (especially considering she probably does not pay rent). Once the judge approves, any police officer can forcefully remover her from your property. THEN, get a restraining order so she doesn't come back and retaliate. If she comes back, she will be in violation of a restraining order and arrested on sight.

Good luck

P.S. Just read scottys comment, it is incorrect. She may not be a "real tennant" but if she has slept there for 30 days or more, she lives there. She does have the right to receive 30 days - as you have done.

Good luck

P.S. Just read scottys comment, it is incorrect. She may not be a "real tennant" but if she has slept there for 30 days or more, she lives there.  She does have the right to receive 30 days - as you have done.

Anonymous · Answer

You cannot forcefully evict someone without going through court.  After you give her the 30 days notice, if she still refuses to leave voluntarily, you have to go to court and get an eviction order, and then you can call the sheriff's department and have them carry it out.

I suggest you go to court and file for eviction as soon as the court opens.  In some counties with busy court systems, it can take a while to get a hearing, so you don't want to delay.

Under California law, once someone is living some place regularly, they are considered a tenant and have the rights of tenancy regardless of whether there was a formal agreement, so the written notice is required.

? · Answer

Its hell to get some one out of your house   Go to court and file eviction papers, better than that get a lawyer to file the paper work there is a lot of loop holes when it comes to evictions.  She will be there for another year if you dont get the  courts involved ASAP. I own several buildings in New York and I have had a rought ime evicting tenenats that were not my renters.  The judge will side with them unless you get in court and get her out right now.  Have the sheriff serve her with the proper paper work so when they put her out she can not fight it .  Get a lawyer and get that chic out

Anonymous · Answer

You should have signed the paper the first time you sent her copies. As her not being a technical tenant, and since she was there on basis of you being nice, you have the right to evict her at any time you wish. If she was an actual tenant, you wouldve had to give her 30-days notice as the policeman said. 
She has no right to be on your property, as there was no formal agreement on the amount of time she could stay, and she was not paying you to stay.

Mr Placid · Answer

There is an expedited procedure that applies to temporary guests in California.  Read Calif. Civil Code 1946.5, and see if it applies to the living arrangement you have with your unwanted guest.

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Trying to evict someone who was never really a tenant. Did we do this right and legally? We're in CA?

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