1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

need advice on eviction Roomate

Discussion in 'Roomate & Joint Leases' started by kathy mcdermott, Nov 28, 2015.

  1. kathy mcdermott

    kathy mcdermott Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    Mr. Wechsler, I had a girl move in because she was homeless with 4 children and a good friend of my niece (who ended up assaulting me) the girl stayed and I have a rental agreement (signed by both of us she rented a room in my home). then we agreed when I was healed that she would move out on October 15, 2015 (she and i signed) but the i had surgery and she stayed a bit longer. I finally issued her a 5 day notice and this time she didn't sign it.(she should be out on Nov 30) but on thanksgiving she had the police at my home 5 times because of a fight with some girl but the first time was because she was telling me that she wasn't going to leave i would have to make her leave. i have all the forms filled out to file and I am hoping i can get a clerks judgement to get her and her druggy friends out of my home. after filing and serving her and filing the pos how long do you think it might take to get her out?

    kathy
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,735
    Likes Received:
    289
    Trophy Points:
    83
    The eviction process is NOT quick. The fastest you might have this person out is 90 days if renter resists
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,971
    Likes Received:
    4,164
    Trophy Points:
    113

    Depends on the laws of your state which you failed to mention in spite of being asked to do so when you posted your question.
     
  4. army judge

    army judge Super Moderator

    Messages:
    35,137
    Likes Received:
    6,117
    Trophy Points:
    113

    The OP's IP indicates California.

    An eviction out there could take six to eight weeks, maybe twelve or more DEPENDING if its rural or urban.

    OP, if violence, senior abuse, or domestic violence has been involved, an emergency order of protection is the QUICKEST way to get this rabble gone!!!!

    If you get her gone, NEVER, EVER rent rooms, allow boarders, or overnight guests in your home. As you have learned, they often REFUSE to leave, they never pay, and ILLEGAL drugs are often abused in your home!!!!
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,735
    Likes Received:
    289
    Trophy Points:
    83
    The process works something like this. If they have not paid you give them a 3 day pay or quit notice (you can tape it to door) If they are paying and you want them out you give them a notice to vacate and give them 30 days to leave unless they have lived there a year then its 60 days (I believe). If they fail to act you then go to court and file unlawful detainer (this begins eviction process) This notice "Must" be served to them in accordance to local laws. You are best to hire a Process server to do this. A court date will be set probably around 30 days from day you file. The tenant will have a chance to respond and could delay case for another 30 days "maybe" Once you go to court Judge will rule. If Judge rule sin your favor your tenant will be told to leave. that wont get them out either. What will happen next could take another month The Marshall's will post a notice on their door (or give it to them if present) giving them 15 days (Think) to vacate. On last day they will return and if still there they will toss their stuff on to curb and force them out. Again this process can take months. You are best served starting now and also following AJ's suggestion in relation to violence
     
  6. kathy mcdermott

    kathy mcdermott Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    we signed a strict rental agreement in august and then a 42 day notice out on oct 15th then i had surgery and she stayed to help me. Then we talked around the 1st of november and agreed the 15th that wasnt in writing. however on the 24th we finally sat down put a 5 day notice in writing i signed it and gave it to her but she didnt sign it. she signed the agreement and the first notice. She violated the agreement because of people staying here after the agreement specifically stated no overnighters and no traffic!!!! in one night the police were called 5 times because of her "people" coming here and trying to start a war it seemed. my disabled son and i stay in my room 99% of the time because the rest of MY house smells like pot.
     
  7. army judge

    army judge Super Moderator

    Messages:
    35,137
    Likes Received:
    6,117
    Trophy Points:
    113


    Your "agreement" isn't worth very much.

    You have been given two ways to expedite the process.

    Illegal drug use is another quick way to get them, GONE.

    The next time the scum fire up their BUD, call "911" very quickly, and quietly.

    WHEN the cops catch them doing the dirty deed, they'll be gone, PRONTO, amiga.
     
  8. kathy mcdermott

    kathy mcdermott Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    the cops came the other night 5 times for violence going on in my front yard between her, her 13 year old, a friend, the other girl had her friend a girl and a guy. i had to shut the garage in their faces or they would have been in my kitchen and i didnt want her to know that i wanted to talk to the police about it so i called the police station and the lady on the phone just kept saying go talk to them they are there. I tried to explain to her it doesnt work like that with them and the police came in and they had just put out a joint and the whole house stunk and he said NOTHING!
     
  9. kathy mcdermott

    kathy mcdermott Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    what would they do with the kids? and how would she know that i wasnt involved unless they say that from the other night they knew i wanted her out by today (sunday)
     
  10. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,735
    Likes Received:
    289
    Trophy Points:
    83
    I understand your frustration but you have been given solutions. If you choose not to use them Im sorry
     
  11. kathy mcdermott

    kathy mcdermott Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    1
    it was not that i was not taking the advise i was trying to understand but she is packing now and will be gone in the morning. i just didnt understand how it would work if she was smoking pot and i called the police how they would make her leave when they had already told me they coudn't but now i dont need to.
     
  12. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,735
    Likes Received:
    289
    Trophy Points:
    83
    Police do not look upon pot use as very serious anymore.
     

Share This Page