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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

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?

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.

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Attorney answers 2

Posted

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 general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

Asker

Posted

I don't see what's that complex about it. The brother is living there and cannot be booted unless the poster has a "just cause" for eviction. Since he's been living there, with or without a lease, he has established a tenancy. Over 30 days and he has rights. Also a landlord is not allowed to deny subtenants if it doesn't exceed occupancy limits. It looks like the real owner is screwed in this case... I'm no lawyer but from what i know it doesn't look good for him.

Asker

Posted

Not sure why a brother would be treated any different than anyone else when it comes to eviction.

Asker

Posted

Poster - you can get a lot done if you read the civil code and do some case research on your own. I do a lot of looking at past cases at the law library.

Asker

Posted

By the way - you can change the locks right back. Hire a locksmith and he will change the locks for you.

Posted

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

Kevin Sullivan
415-441-1052.

Asker

Posted

Based on what? If the LL (poster) doesn't have a just cause eviction what can really be done? The only way to handle it would be through an Ellis Act eviction, and pay the brother off.

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