Summary
If a guest refuses to leave a property in California, you can file an unlawful detainer action. Start by serving a 3-day notice to quit. You can serve it personally, leave it with someone of suitable age at the property, or post it and mail a copy if no one is home. The notice should include occupant names, property address, a vacate statement, reason, and your signature. File a Complaint for Unlawful Detainer with the court, pay the filing fee (ranging from $240 to $450 in Riverside County), and serve the Summons and Complaint. Check with your local court for exact fees and procedures.Full Conversation
Crystal
Hi Crystal! How can I assist you with your legal issue today?
My brother's girlfriend had my brother arrested for aggravated assault and abuse on a spouse and she put a restraining order on him but the property is in his and mine name how can I get rid of his girlfriend out of his house
Hi Crystal! To better assist you, could you please confirm if your brother's girlfriend is listed as a tenant or if she has any formal lease agreement?
No she doesn't have any rental nor formal lease agreement
Hi Crystal! Since your brother's girlfriend doesn't have a rental or formal lease agreement, she is considered a guest. In California, you can ask her to leave the property. If she refuses, you may need to file an unlawful detainer action (eviction) in court.
Would you like more information on how to start the eviction process?
How do I file a unlawful detainer action?
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To file an unlawful detainer action in California:
- Serve a written notice to the occupant (e.g., a *-day notice to quit).
- File a Complaint for Unlawful Detainer in the appropriate county court.
- Serve the summons and complaint to the occupant.
- Attend the court hearing.
Would you like detailed steps on each part of the process?
Can I serve the 3 day notice or do I have someone else do it?
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You can serve the *-day notice yourself or have someone else do it. Just ensure it is delivered according to California law:
- Personal delivery to the occupant.
- If the occupant is not home, leave it with a person of suitable age and discretion at the property and mail a copy.
- If no one is home, post it on the property and mail a copy.
Would you like more details on the next steps in the eviction process?
So I can write the 3 day notice or do I print it off of the internet?
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You can either write the *-day notice yourself or print a template from the internet. Just make sure it includes all required information and complies with California law.
Would you like more details on what to include in the notice?
Yes
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In your *-day notice to quit, make sure to include:
- The names of the occupants.
- The address of the rental property.
- A statement that the occupant must vacate within 3 days.
- The reason for the notice.
- Your signature and date.
Would you like more details on how to file the Complaint for Unlawful Detainer?
Yes
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To file the Complaint for Unlawful Detainer:
- Obtain the necessary forms from your county court's website or office.
- Complete the forms, including the Complaint and Summons.
- File the forms with the court and pay the filing fee.
- Serve the Summons and Complaint to the occupant.
Would you like more details on how to serve the Summons and Complaint?
How much is the filing fee
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The filing fee for an unlawful detainer action in California varies by county and the amount being sought. Generally, it ranges from $* to $*. Check with your local county court for the exact fee.
Would you like more details on how to serve the Summons and Complaint?
How much is the fee in Riverside county
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The filing fee for an unlawful detainer action in Riverside County generally ranges from $* to $*. For the exact fee, you can contact the Riverside County Superior Court.
Would you like more details on how to serve the Summons and Complaint?
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