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  #1  
Old 12-03-2005, 10:46 AM
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Join Date: Dec 2005
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Angry

after quitclaim deed and buy out, can I KICK her out?


In California, I bought a house with a friend (now I know really stupid). We both put zero money into it and bought it from my dad who sold it to us 100,000 under market value. 3 months down the road friend wants out and wants me to buy her out after putting in zero. Thousands of dollars later, I buy her out and do a quitclaim deed. She has now given me 30 days notice saying she will be out in January 15. I want her out now!! Is there any legal obligations on how many days notice I have to give her to move out or can I put her belongings on the driveway

Last edited by lsam; 12-03-2005 at 11:06 AM.
  #2  
Old 12-03-2005, 10:52 AM
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Location: "Harvey and Me"
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at the moment the quit claim deed was signed she became a tenant with all rights and responsibilities therein.

30 days is the statutory requirement.

DO NOT touch her belongings.
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  #3  
Old 12-03-2005, 11:22 AM
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Location: Catatonic State
Posts: 75,781
read the L/T law.....
  #4  
Old 12-03-2005, 11:25 AM
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Join Date: Dec 2005
Posts: 3

A tenant???


We don't have any paperwork or legal agreement for her to be a tenant.. who dictates how much she pays?? Do I need to do some paperwork?? Can I tell her the rent is a really large amount?? What about security deposit. I find it hard to believe she has tenant rights...
  #5  
Old 12-03-2005, 11:33 AM
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Location: Catatonic State
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Quote:
Originally Posted by lsam
We don't have any paperwork or legal agreement for her to be a tenant..

**A: none is needed since she had already established tenancy one second after you bought the property.
*******

who dictates how much she pays??

**A: the owner of the property which is you.
*********
Do I need to do some paperwork?? Can I tell her the rent is a really large amount?? What about security deposit. I find it hard to believe she has tenant rights...

**A: and I find it hard to believe that you bought her interest in the property without written agreement as to immediate move out or tenant status with respect to rent payments, security deposit etc.
  #6  
Old 12-03-2005, 11:37 AM
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How much rent??


So can I charge her $2,000.00 a month?? Plus demand a security deposit today?
  #7  
Old 12-03-2005, 11:40 AM
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Location: Catatonic State
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Quote:
Originally Posted by lsam
So can I charge her $2,000.00 a month?? Plus demand a security deposit today?

**A: HELLO, you are a landlord so start acting like one. READ the L/T law (aka the CA Civil Code) and you will see that you must give proper written notice. How much written notice? Read and find out. You may be surprised.
  #8  
Old 12-05-2005, 07:48 AM
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Join Date: Dec 2005
Posts: 3
Normally it's 30 days notice, then after that you have to file an unlawful detainer. If you throw her items out before your court date which you can't find until after you give her 30 days you can be sued for a lot of things... If you lock her out she can even sue you for her hotel bills... So basiclly if she's leaving Jan 15th that's the best you're going to get... Even if she doesn't pay you anything at all refuses to pay rent, security deposits... if she's been there more than two weeks you have to follow procedure which usually takes 60 days until a officer will actually remove her from the house... Also she can ask the court for a time laps due to not being able to find another location.
Btw 3 day notice if you have a really GOOD valid reason.

Last edited by Panic36; 12-05-2005 at 07:52 AM.
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