I do not own the property. I leased a house from the owner. I let a family member move in temporarily and they will not leave..they think they have rights. There was never any agreement in writing or orally how long this person would stay. This person is using drugs and is a nuisance. Can I serve a 3 day notice and subsequently file an unlawful detainer or does the owner have to do it? Thanks.
Well as long as the squatter never signed the lease or a rental agreement I believe they are simply trespassing and a quick call to the local police can take care of your problem almost instantly...
I agree with my colleague that you should call the cops and say that he is trespassing. Depending on how long he has been there--he may or may not be arrested/removed by the police.
Another route may be to call the cops for his drug use. But given that it's Bakersfield and that your family members are doing drugs in your presence--I would wager that your family member would claim that the drugs are yours.
Finally, it appears that he has access to the unit so you can't simply "lock him out" yourself. Remember: self-help is not acceptable nor is it tolerated in LASC. Under those circumstances you should serve a 3 day notice to quit. Not a 3 day notice to cure or quit.
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Have you ever accepted rent from this person in exchange for living there?
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