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How do i kick out my boyfriends mom there's no rental agreement do i go threw the courts or can i have a cop take her out ?

Perris, CA |
Filed under: Family law

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

Attorney Answers 7


  1. 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.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com


  2. 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

    This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.


  3. File an unlawful detainer/eviction case

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  4. 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.


  5. 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

    I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have handled cases in Federal District courts from Alaska and throughout the United States. My comments and opinions are based on California law and are based on the limited information provided in the question. Legal questions are usually fact specific and a few facts can and often does change the opinion I would give. It is better to consult with an attorney in your jurisdiction (your geographic area) and provide specific details regarding your case in private. You would get more specific advice. The contents of the conversations with your attorney are confidential and are protected from being revealed. The statements made in this public forum (AVVO) are not confidential and could be revealed. Therefore, you must be very careful in the details you provide. Do not disclose information that could be a crime or that could be used in order to prove a crime was committed. If you are in California and want to clarify any of my answers, feel free to contact me.


  6. 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.

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in either party the expectation that an attorney-client relationship has been entered into between the original poster and the answering attorney. Any information provided should not be taken as legal advice but in the context of general information. Please seek legal representation for any specific legal questions.


  7. You have to handle her just like any paying tenant.

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