I have a person staying in my apartment since Jan 2016 and I want him to leave he does not pay rent or have mail coming into the household it is now April 2016 he was suppose to be their on a temporary basis..
A restraining order generally requires that there be an ongoing pattern of harassment. Also, the court is not supposed to use the civil harassment law (Code of Civil Procedure Section 527.6) to evict people.
If the person staying with you is just a guest, and not a paying roommate/subtenant, you can terminate this arrangement (which would normally be considered a license-not a tenancy) with an oral or written notice asking the person to leave immediately (or within a few days, if you want to give more time). If the person refuses to leave, you can then file an unlawful/eviction lawsuit.
If the person has paid rent, or has otherwise been treated as a subtenant, then you would have to give more formal notice (such as a written 30 day notice to quit), and would ten proceed with the unlawful detainer if the person failed to leave.
In either case, it would be a good idea to talk to a competent local landlord-tenant attorney.
Mr. Busch is correct. Only domestic violence restraining orders can be used to to get the court to order a person to move out, but it is not considered an eviction. Since he is not paying rent, you may try to evict with a three-day notice. Once the three-days are up, you'll need to file an unlawful detainer action.
The answers provided do not constitute comprehensive legal advice nor does it establish an attorney-client relationship.
Generally, a restraining order will not work unless there is violence, threats, etc. You will still need to evict by using the unlawful detainer statutes.
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