Evicting Unlawful Roommate Quickly

Summary

In California, a person can establish residency in less than 12 months. If your roommate refuses to leave, its not considered trespassing but an unlawful detainer. You may need to go through a formal eviction process, which typically requires a 30-day or 60-day notice to vacate, depending on the length of tenancy. Even if the roommate is not on the lease, they might still have tenant rights. For accurate advice and to expedite the process, consult a local attorney.

Full Conversation

i have a roommate who hasn't lived here for 12 months so she hasn't established residency due to the California law, so how can i get her to leave now. if i ask her to leave and she refuses does that count as trespassing
In California:
- A person can establish residency in less than 12 months.
- If your roommate refuses to leave, it's not trespassing, but an unlawful detainer.
- You may need to go through a formal eviction process.
Please consult a local attorney for detailed advice.
on my county's website it even says residency is after 12 months. she has been asked to leave and refuses. how can i get her to leave now
In California, you may have to:
- Give a written notice to leave.
- If she refuses, file an unlawful detainer lawsuit in your local superior court.
- Seek legal advice for the correct procedures.
can the written notice be for her to leave today
In California, you typically need to provide a *-day or *-day notice to vacate, depending on the length of tenancy. However, consult with a local attorney to get accurate information.
what would constitute as trespassing
In California, trespassing typically involves:
- Entering property without permission.
- Refusing to leave upon request by the owner.
- Interfering with the property owner's rights.
However, your roommate situation may not fall under trespassing, but rather unlawful detainer. Please seek legal advice.
what if she isn't on the lease and is living here unlawfully and has been asked to leave and refuses
If she isn't on the lease and refuses to leave:
- She might still have tenant rights, despite not being on the lease.
- You may need to proceed with an unlawful detainer lawsuit.
- Consult a local attorney for accurate advice based on your specific situation.
is there anything I can do to get her out in under 30 days
In California, you typically cannot force a tenant out in under 30 days without a court order. This is due to tenant rights laws. Please consult with a local attorney for further advice.