How To... in Merced>Question Details

Tom Goldman, Other/Just Looking in Merced, CA

how do I evict my x-roommate legally. He moved out in 11-07, is not on the lease. Everytime I have to call

Asked by Tom Goldman, Merced, CA Wed Aug 20, 2008

the cops to get him out of my house I'm told I have to evict him, even thou he has not lived here for almost a year. What can I do?

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You will have to serve a notice to quit which is the actual eviction notice. You can get one online or at legalzoom. you have to give hiom a 30 day notice and include the reason fo rthe eviction. You will have to serve it to hom in hand or can leave it at his new residence. there should be a afadavit attached where you sign, date and time stamp if you handed to or lkeft it for him, have it notarized by a notary public or justice of the peace. Then you wait 30 days, after 30 days you bring it the court to get a writ of possession, the sheriff will then have to serve it to him or leave it for him, the court will set a date (usually 10-14 days where he can request a hearing) if he doesnt reply then on teh date the court goves you you go and pick up your writ of possession whioch you can use anytime he comes over and you call teh cops. if he requests a nearing you make your case before the judge and the judge will issue thejudgement for you. You could hire an attorney to do all this if you want to pay. Good luck
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0 votes Thank Flag Link Wed Aug 20, 2008
I would check on filing a criminal complaint. If you can charge him with trespassing, it will carry more weight.
On the second offense, it is typically called criminal trespassing. Call the police department and ask them how to escalate the severity of the complaints against him.
Out of curiosity, how does he get into the house? If it's locked, that breaking and entering last time I checked.
0 votes Thank Flag Link Wed Aug 20, 2008
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