If there is no rental agreement can a person be evicted?

Asked over 1 year ago - Downey, CA

If a person is living in my house and her boyfriend was paying the rent, and he moved out to another state, and no agreement existed between he a and I, can I evict the girlfriend solely on the basis of no rental agreement?

Attorney answers (5)

  1. Michael Raymond Daymude

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    Contributor Level 20

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    Answered . The answer to your question depends on the details and what you mean by "solely on the basis of no rental agreement." There are several laws which may cover the girlfriends status depending on the facts. You should seek the advice and services of a local landlord/tenant attorney if you wish the girlfriend to vacate the premises and she will not do it voluntarily.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. James Carl Eschen III

    Contributor Level 16

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    Answered . You and her boyfriend did have an agreement. He paid the rent, and you let him live there.

    The issue is what the agreement was. If the agreement was that he and his girlfriend would live there, then she was a party to the rental agreement, as well. That her boyfriend paid the rent does not affect the fact that she still owes it. If she is not paying the rent, you can give her a three-day notice. If she does pay, you can give her a 30-day notice.

    On the other hand, if you had an agreement with the boyfriend alone and she just happened to live there without paying rent, she is a long-term house guest, and you could call the police. This scenario is very unlikely.

  3. Richard C Koman

    Contributor Level 13

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    Answered . yes.

    Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more
  4. Michael Charles Doland

    Contributor Level 20

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    Answered . Yes, probably through the use of a 30 day notice.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  5. Rixon Charles Rafter III

    Contributor Level 20

    Answered . You cannot evict. Only a court can evict. You CAN terminate the oral agreement with proper written notice IAW your states' laws, if she refuses to leave, you will have to take her to court to evict.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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