All Forum Posts by: Debra Hamren

Thank you for your response. My main concern is that she has never been our tenant. She's never paid rent and there's never been any sort of agreement between her and us.  Because of this I don't know if by filing a UD which only allows you to file against a tenant, is the proper way to go about getting her out. California doesn't have any sort of Holdover type cases like New York does. 

She does not communicate with us at all and won't answer the door. We aren't even sure if we have her correct name or not. She called the sheriffs out 3 times on our tenant while he tried to move his things out, claiming harrassment, so we are staying clear of her until we go to court. We don't want her to have anything she can use against us therefore we're playing it by the book.

To make a long story short, we had a tenant who let a friend and her 4 children stay with him temporarily in our single family rental property. Our month to month rental agreement states the premises is to be occupied by our tenant only and no subletting or assigning. He has since been evicted, but she refuses to leave. We've served her a 30-day notice to quit, but she still will not leave. We've  hired an attorney to file an unlawful detainer. She has a criminal record and we do not want her in our rental. I've been trying to research the landlord/tenant laws, but I haven't been able to find any information on our circumstances. Everything I've read is in regards to tenants who have paid rent or who have signed rental agreements. She has done neither of these. The 30 days expires today and we are filing an unlawful detainer tomorrow.  I just want to be sure we do everything correctly to get her out. Does she have any kind of legal rights to fight us with?