Can I use the ca civil code on evicting a relative for being a nuisance to my property if they are subleasing rooms on their own

Asked about 2 years ago - Redwood City, CA

My relative (brother) is subleasing rooms with no lease agreement. I have given all tenants applications but they do not want to provide them to me as my brother initially rented the rooms to them and they were under the impression that he was the landlord. He is not on title. The tenants also fear retaliation from my brother if they complete applications and pay me rent instead of my brother.
My brother also changed the locks on the house and refuses any contact with me. He obtained access to my files and that were at the house and got the mortgage account number so that he can directly pay the mortgage so he does not have to deal with me.
He is very hostil with me and I need to get all tenants out at this point. What is this the correct civil code i need to get him out in 30 days?

Additional information

Just to clarify, I need to evict my brother and all other tenants that are living there. Since he is my brother, I did not have a lease agreement filed for him and he has been living there for the past 10 years so can I serve him a 30 day eviction on the cause that he is locking me out of my house and is not will ing to comply with getting lease agreements for all the tenants that live there? The house is also not kept up and there is room for liability issues I want to avoid if any of the tenants kids hurt themselves from all the trash and firewood that is in the backyard.

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You have a complex situation which requires you to hire an eviction attorney to ascertain the best legal strategy to achieve your desired goal. It is not just a matter of giving you the correct Civil Code section.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You need to formally evict your brother. I handle evictions. Feel free to call me for a free consultation.

    Kevin Sullivan
    415-441-1052.

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