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How to evict a family member in California...

South San Francisco, CA |

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


  1. 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.


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