Legal Question in Landlord & Tenant Law in California

My sister is living with me and I am renting from someone else. she has been here for 10 months and has only paid $120.00 for all this time. I have asked her to move out and she sys she doesn't have to and that if I want her out I will have to get her out. How doi do this legally


Asked on 8/31/15, 10:49 am

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

You could try contacting the police and have her removed as a trespasser. But, more than likely they would not help you since she is your sister and did pay something in rent.

She may be entitled to the rights available to a tenant. That means that she is entitled to some amount of notice before you can remove her. Give her a 3 day notice to pay or quit. If she does not leave and does not pay rent, then you can file an unlawful detainer lawsuit to get a court order removing her. You may also want to serve a 30 day notice at the same time just to be safe.

Contact a local landlord tenant attorney. The Department of Consumer Affairs website has a guide available explaining tenant's rights and the proper steps to evict someone.

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Answered on 9/01/15, 7:55 am


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