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Unique living situation. Do I have to evict?

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kidsnoopy

Junior Member
What is the name of your state (only U.S. law)? California

My girlfriend lived with me for 7 years from 2000 to 2007. She moved out in early 2007 and got a place on her own about 40 miles from me (closer to her work). Her new place was very small and she left tons of stuff at my house in boxes, clothes in closet, etc. We have had an arrangement the last 1.5 years where I stay at her place weekdays (it's much closer to my work) and she comes to my place on the weekends (much bigger place). I pay her $500 rent a month to stay at her place but she does not pay me rent or any costs for her weekend stays at my place. Anytime I suggest she help me with my home expenses like utilities she threatens to collect child support and that usually shuts me up. We also have two children together but that is most likely immaterial to this question but I mention just in case.

Lately we have had some issues and I told her it might be better for her to not come up to my place on some weekends. Her response was that she lives there and can come up anytime she wants. That response ticked me off but I avoided adding fuel to the fire and did not say anything else. I figured I would come to my trusted source for Landlord tenant issues.

Does she have any legal rights to be at my place considering she has her own apartment in her name? What would I do with her boxes of stuff and other belongings at my house? Because these things are here does that establish residence for her? If things got bad I would consider putting all her things outside on the driveway and ask her to move them to her place. Are there issues if I did that? Would I have to evict her to keep her from coming up or could I change the locks?
 


FarmerJ

Senior Member
Not married then you both will have to treat each other as tenants. First : Do you have reciepts for that 500.00 a month ? Second: If so move them to a safe place like a bank safety deposit box. Third : If your sure its all over with between the two of you then go see a atty about establishing formal visitation & support. Fourth : get your things out of her residence . Fifth : Send her written notice via certified mail after you tell her in the notice that you are ending your tenancy with her at her residence and you are ending her tenancy at yours in the notice give a 60 day time frame that complys with your states notice requirements for tenants who have been at a residence for more than a year, ( since it would be less confusing that way) BTW move all your financial records as well so nothing ends up missing, including your reciept for the certified mail so you have proof of sending notice. My opinion only but you can discuss with the attorney about you removing her things from your bedroom and storing them in a reasonable manner and installing a deadbolt on just your bedroom door. IF you deny her access to the rest of the structure she could claim you illegally locked her out.
 

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