Legal Question in Landlord & Tenant Law in California

apartment eviction

Hello,

I need some informations. I have an apartment and the lease of this apartment is on my name.I left this apartment for a while but i was still paying the rent even if I was not living there. However during my absence, a friend of mine lives there with his wife. His wife has three children. They have been living there for 7 months.This friend argued with his wife, he is going to get divorced. The problem is that I need to go back to my apartment on my name but she doesn't want at all to leave. She is not an easy person with who i can discuss...She is completly closed regarding discusions or mediation.Have i the right to ask to the landlord to evict her ?? Because the lease is on my name and she is not going to pay the rent.Also, I do not want to mess around with my landlord. She has children, can it be a problem to evict her, can it take time ? How long ?? Furthermore she has money problems...and I think she is supporting by the government. Can it be difficult to evict her with her special status ?? Regarding the law,I am looking for the easiest way to do it. Please get back to me asap. Thanks a lot


Asked on 3/20/06, 11:28 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: apartment eviction

You might consider giving her a three-day notice to pay the agreed rent or quit, and/or a 30-day notice to quit. Then you can bring an unlawful detainer action against her and everyone else who's there. She's basically a subtenant. It could take a bit more than a month after the notice expires if the court agrees with you.

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Answered on 3/21/06, 12:20 am


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