my boyfriends mom moved in my spare bedroom until she could get on her feet now shes just being lazy and wont even look for work she dont pay any bills or rent shes basically a freeloader shes not on my rental agreement with my landlord and recently she started going to the bathroom in a bucket in the room very nasty she is always yelling and going all crazy and i have 3 children and also told me she was getting a lawyer because she dont have to leave if she dont want to when i told her she was going to have to leave my house i need to get her out but i dont know what to do .
its been about 4 months sense she moved in
Family Law Attorney
I presume that she has been there awhile and can't thus be considered a visitor?
Give her notice to move and then evict her if she doesn't leave, just as you would any other tenant.
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I agree with Mr. Lewis; aside from the fall out with your boyfriend (kicking his mom out) you may want to follow those steps:
1. call the cops; if this does not work
2. give her a notice to pay or quit
3. file unlawful detainer
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File an unlawful detainer/eviction case
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If she has lived at the residents over 1 year a then give her a 60 day notice to vacate, if she has lived at the residents for less than 1 year then give her a 30 notice to vacate, be careful with the pay rent or quit notice, if she agreed to pay a certain amount of rent monthly then you can proceed with a pay rent or quit notice. If their was no prior meeting of the minds regarding her rent amount then that pay rent or quit will not suffice.
After the notice period has expired then simply proceed with the normal eviction process.
Criminal Defense Attorney
Based on your answer, I do not think she is a tenant at all and I don't think the unlawful detainer is the right procedure to get her out. She came in under a license (consent to move in) and now you withdraw the consent for her to be in and she becomes a trespasser. Theoretically, the police should be able to come in and ask her to move but they usually do not get involved in these type of cases. You could file a forcibly detainer action (not an unlawful detainer action) or get a civil restraining order from the civil court .
OSCAR E. TOSCANO
Los Angeles Real Estate and Criminal Defense Lawyer
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Contracts / Agreements Lawyer
I agree with Mr. Toscano. I would try calling the police first, but it probably will not work if your boyfriend's mother claims to be tenant. The police will only remove her if it is clear she is a trespasser.
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