Dear forum,

Can someone tell me how to get my sister to leave my house. I recently went through 3 years of probate in which my grandfather left me everything he owned (his home) and had me also as executor of his will.

Long story short... my sister has been living there for free with her current boyfriend (who buys marijuana regularly) and 3 children (2, 10, 19) during this whole time. The house is literally being destroyed and no repairs of any kind are being done (ex. Bathroom has no sink, toilet is flushed by string tied to inside,kitchen sink is leaking so bad that a bucket is being used under it catch the water,etc.)

I recently was going to hire a management co. to do the eviction and find tenants that would take care of the home, not destroy it, and in doing so, they sent me info. On "Lead Poisoning" since it's a 1947 house. I would never want to rent the home out to anyone if it has lead based paint in it! I searched online for any state run programs to remedy the problem since I am low-income. The Maravilla foundation of L.A. would take care of this problem for me... BUT when they went to inspect to see if there were high enough levels of lead present in the house, my sister refused to allow the inspector in. I had notified her of his visit. He did manage to check the outside windows,front door and surrounding wood and is said to contain lead!

I have never given her any permission to live there for free, there is no agreement of any kind, just the contrary... I have kindly asked her to leave on and off verbally over the phone for the past 3 years. She refuses and says she does not want me to benefit from anything. There is a lot of jealousy towards me and my family since I left home when I got married and started a life on my own (I'm the eldest). I also purchased my own home as well. I was very close to my grandfather (God rest his soul) and this was the reason why he left me with everything... besides the fact that he was ill treated by the rest of my siblings (I won't even get into that).

I recently just served her a 60-day tenant-at-will notice, because I was told that even if she has never paid anything, it was the legal thing to do. She called to tell me that legally the notice I had someone serve her was just a warning, not legal. She also told me that she can stay there another 6 months if she wants to because there is no rental agreement of any sort. She said that if I didn't to agree to allow her to stay there for at least 6 mo. That she would go back to her lawyer friend and get help. At this point I cannot afford much for legal counsel, so if someone knows where I could possibly get help with this in the Los Angeles county, please let me know!

This ordeal has been very stressful and financially draining for me and my family. I have been paying taxes and insurance on two houses. I would really appreciate some advice here if possible.

Thanks!

The way I read California law is:

If the tenant has been in residence for more than one year (which your sister has) the landlord is generally required to properly serve a written 60-day notice to vacate. There are certain, somewhat complicated, circumstances which would change this to a properly served written 30-day notice but I do not see any of those circumstances here.

(If the tenant is there less than one year a 30-day notice is required, but that is not the case here.)

There does not have to be fault on the part of the tenant for the landlord to evict; the landlord does not need to give a legal reason for the eviction.

If any of the following apply the landlord can give a properly served three day notice: failure to pay rent; violation of any provision of the lease/rental agreement; being a nuisance or danger to other tenants; USING THE PROPERTY FOR ILLEGAL PURPOSES SUCH AS SELLING DRUGS; MATERIALLY DAMAGING THE RENTAL PROPERTY.

If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the tenant must be evicted in Superior Court by filing an unlawful detainer (which is another word for eviction).

The time frame for this type of action is very short - the unlawful detainer is filed with the Court by the landlord, it is properly served on the tenant, the tenant has five days to respond, the case is “normally” heard within 20 days of that response - or 20 days following service if there is no response.

If the landlord prevails (wins) a writ of possession (the California term for eviction notice) is issued to the landlord. That writ is served on the tenant by the Sheriff. If the tenant does not voluntarily move within five days of the service of the writ the Sheriff is authorized to physically remove the tenant and the tenant's belongings. California also allows the Sheriff to seize and remove the tenant's belongs which are left behind so the landlord does not have to store them. (Not all States address this issue.)

As far as the lead paint issue - in NYS (where I am) you can paint over the lead paint, leaving no exposed areas, and the house will pass inspection.

I have no idea what your sister is talking about when she says she cannot be evicted for six months and I suspect she's just making things up.

Obviously this whole procedure is easier and faster if you are represented by an Attorney.

Judy has given you the correct laws for California. Who would you rather believe in this situation, Judy who has no personal issues with you and is telling you the truth, or your sister who has every reason to make up stuff so she can stay longer?

From what both you and Judy said, you can legally get sis out of the house within a short period if you follow her advice to the letter. Hopefully sis doesn't have her family trash out the house too much before she leaves. Good luck.

Also a note you need to inform her with a 30 day notice of the change in the rent. From 0 to what the correct rent should be, when it is not paid, she is behind in the rent, also if she does not pay, you can sue her for all the rent money due.

Also stop listening to the renter, they are trying to scare you to live there free.

Thank all of you for your encouragement and knowledge. I have already had someone serve her the "Tenant at will" eviction notice. I plan on going on with the detainer when that time is up. When I first had it served, it was difficult for me since I do love my family, no matter how terrible they may be. This situation in a very small way reminded me of the story of Joseph in which his siblings sold him into slavery out of hatred/jealousy. Even though they treated him horribly, he still loved them (he did teach them a lesson through this as well). I definitely understand that dealing with so-called family and be one of the most difficult challenges life has to offer!

I had to come to understand that what I must do is the right thing... to do not, would be a disservice to the special gift my grandfather left for me.

Thank you all once again, you guys are great!