I'm a 60 yr. old woman, a little over 2 yrs. ago I became widowed.
My then 36 yr. daughter, from a previous relationship moved in. Long story short
I have been physically and emotionally abused by her. The physical has been twice
the emotional & verbal has been on going all the while. She pays nothing..worked here and there in the medical field. We have no rental agreement, but I need to evict her.
The last incident I called police and have a case # and have photos and witnesses to the first attack. I was going to file restraining order... But that could destroy any chance of getting another job( she works for both state and federal) and has 4 children,all of whom live with their fathers. I'm tired,embarrassed,and fearful. I just want her gone.
Yes, of course you can evict her. Technically, she is a lodger. You must give her 30 days notice. If she won't go voluntarily, you'll have to file an unlawful detainer. (She'll likely be unable to rent anywhere with such a judgment.)
You may still need a restraining order. She's going to get ugly
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Give her a 30 day written notice to move. If she gets ugly again, don't hesitate to file an application for domestic violence restraining order. If she won't learn the consequences of her actions, you shouldn't have to suffer for it.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
If she has never paid rent, or otherwise become a tenant, she is simply a guest/licensee. You have the right to terminate such an arrangement whenever you want (30 days notice is not required), and can pursue an unlawful detainer/eviction lawsuit if she refuses to leave.
In the meantime, if she is harassing/abusing you, you can seek a temporary restraining order under either Code of Civil Procedure Section 527.6, or possibly under domestic violence laws (not my expertise). Instructions and sample forms should be available from the website of either your local court or the California Judicial Council.
I strongly suggest that you promptly consult a competent local landlord-tenant attorney to get a better idea of your legal rights and options.
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