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

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

Posted

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.

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Posted

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.

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Posted

yes.

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Posted

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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

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. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Hell of a Name!

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