I need to get my sons girlfriend out of my house and I’m worried about the lashback

[Zigner]

I thought of that but didn't want to freak the OP out more than she is...

Let us hope she didn't let the GF move in when she was a minor.

Agreed - but that's a different issue unrelated to the landlord/tenant aspect.

 

[Just Blue]

Agreed - but that's a different issue unrelated to the landlord/tenant aspect.

And another reason I didn't bring it up..

 

[FarmerJ]

Sheam first thing you should do is get a post office box so she & your adult son no longer have access to mail you get because how you will be using the mail is going to change a bit to get her out and you really don't want her to be able to just grab the mail out of the box and destroy your proofs. SO if she has lived in your home for less than one year in CA you can write a 30 day notice and you don't have to make it complicated ( Date , her name , this is your notice that you must vacate address by ( date ) Your name and sign it with your new post office box as your address. AS to your son since love is so grand then if he has lived with you for more than one year its a 60 day notice ( these notices are still required even if someone doesn't have a written lease ( if you think he is so in love he will leave with her -follow her then maybe you want to give them each a 60 day notice. Make extra copies and send them via certified mail or confirmed mail delivery and staple your copies to your postal receipts and store them away from the house so your copys are safe from being destroyed. AS far as your concerns about a so called legal apartment If all you were doing was charging her to live with her boyfriend, your son in his bedroom space then I suggest you not worry about it since she / he are just roommates with you and not in a totally separate apartment ? Plan for filing with the courts if she /he wont leave. your filing would be based on that you gave proper notice to vacate and she /he refuse to move out, The court will verify that your notice was proper and if the judge agrees the notice was proper then they will be given x number of days to get out or face the possibility of county sheriffs deputies following a court order where they will be made to leave by hook or crook by the deputies in order to get them out and give your space back to you. ( your states landlord tenant links should be re checked incase they changes any thing about landlords giving proper notices to end month to month tenancies )

 

[FarmerJ]

ALSO even if the OP did let this girl move in at 17 if she is now 18 Id say that whole idea is moot she is 18 and entitled to be treated as a adult with proper notice to get out , any other issue related to her son having had sex with her is his problem especially if he was careless and didn't become responsible for his own birth control.

 

[Sheamontanez]

There doesn’t need to be a written agreement for,their to be a landlord tenant relationship.

So, you will need to do as advised and give the girl proper notice to terminate the tenancy. If she fails to leave willingly you will have to file an unlawful detainer action and seek to have her evicted.

Thank you.

I thought of that but didn't want to freak the OP out more than she is...

Let us hope she didn't let the GF move in when she was a minor.

No, but what would that mean otherwise?

 

[Zigner]

Thank you.

No, but what would that mean otherwise?

As was pointed out, it really only would have been a concern with respect to unlawful sex with a minor, etc. Since she was over 18, that is all a totally moot point. Also, if she was over 18 when she moved in, and she's 18 now, that means she's been there under a year, so you can serve a 30 day notice.

 

[Just Blue]

Thank you.

No, but what would that mean otherwise?

California has strict Stat. Rape laws. If your 24 year old son was having sex with this girl, in your home, before she was 18, YOU could face criminal charges.

But that moot as she was 18 when she moved in.

 

[Ohiogal]

Thank you.

No, but what would that mean otherwise?

Your son could be charged with statutory rape if they had sex
.. if you want to talk about backlash that would be a huge backlash.