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How to evict a family member in California...

South San Francisco, CA |
Filed under: Real estate

A member of our family is living in one of my mother's rental units with his 2 children. They are a source of constant problems to the tenants in the adjacent units, noise, intimidation, threats, etc. They are supposed to pay a very small rent but are not paying. He is unemployed. One child is in grammar school and the other is a teenager who has quit school. Drugs are being used.

My mother and the rest of the family want them out of the unit. What do we have to do to get them out? They will not leave on their own.

Attorney Answers 2

Posted

No different than a non-family member. If they do not have a lease they are deemed to be on a month-to-month. Personally serve them with a 30-day Notice to Quit. If they are not out in 30 days, serve them with an unlawful detainer complaint.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Asker

Posted

if the family has been in the property for over one year, paying no rent, no lease, can you use a 30 day notice or do you have to use a 60 day?

Steven Alan Fink

Steven Alan Fink

Posted

60 days. They are still entitled to the rights of a tenant, no matter how bad they are. Steve Fink Law Offices of Steven A. Fink 13 Corporate Plaza Drive <http://maps.yahoo.com/#mvt=m&lat=33.607693&lon=-117.877037&zoom=16&q1=3 Corporate Plaza Drive, Newport Beach, CA 92660> Suite 150 Newport Beach, CA 92660 www.stevefinklaw.com <http://www.falawyers.com/> (949) 706-5900 Tel (949) 706-5901 Fax sfink@stevefinklaw.com <outbind://13-000000002FE5B1D7FF7E434AAE96C22BE0D1488D07004B9DEF6432CF2F 49BF9B0D8117207E190000000028BF0000C501D3AD6C7519448EA8B6729471EBC8000000 0D0E1E0000/sfink@falawyers.com>

Posted

PRETEND THAT YOU ARE NOT RELATED. SERVE A 30 DAY NOTICE TO PAY OR QUIT; THEN FOLLOW THROUGH WITH THE UNLAWFUL DETAINER ACTION.

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