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    bassinova's Avatar
    bassinova Posts: 3, Reputation: 1
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    #1

    Apr 11, 2012, 10:12 AM
    Family eviction
    Hello Everyone,

    I'm a first timer in California and I really need some assistance and hope someone out there can help me. I have a family member who needed a place to stay after she broke up with her boyfriend. We let her and her children stay with us. There was no type of rental agreement or contract... she's family and we were just trying to help her out. Gave her verbal notices a few times, totalling 120 days and she's still here. What do I need to do to get her out legally? She's been here a year.

    Please help and thank you in advance
    Handyman2007's Avatar
    Handyman2007 Posts: 988, Reputation: 73
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    #2

    Apr 11, 2012, 10:27 AM
    Formal eviction proceeds must be adhered to. Remember, she has children. The courts will look at is as you putting a mother and her children out on the street , which they do not like. Why not try to help her find a new place she can afford instead of getting all nasty with her? That would go along way in the courts if you had proof that you were actually trying to help her and not hurt her and her kids.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #3

    Apr 11, 2012, 10:29 AM
    She is like any renter... the very same laws apply. You have to have them served with a notice to vacate, which is 30 days most places. But laws vary depending on where you are. Kids or not... its the same as someone who ISN'T paying their rent.

    If they don't leave after that period, you go to court for a formal eviction which once granted.. the Sherrifs will come and put their stuff out to the curb and THEN and ONLY THEN can you change the locks. You can't simply throw their stuff out and change the locks without following the legal procedures.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Apr 11, 2012, 10:33 AM
    Quote Originally Posted by Handyman2007 View Post
    Formal eviction proceeds must be adhered to. Remember, she has children. The courts will look at is as you putting a mother and her children out on the street , which they do not like. Why not try to help her find a new place she can afford instead of getting all nasty with her?? That would go along way in the courts if you had proof that you were actually trying to help her and not hurt her and her kids.
    That's incorrect... She doesn't even NEED a reason.. absent any written lease allowing them to be there (and having no lease means its month-to-month tenancy)... the property owner only needs to have them served with the notice required for that state... usually 30 days.

    In what state do your reside bassinova... I'm assuming the USA. We can be more specific with that information when we know it.
    bassinova's Avatar
    bassinova Posts: 3, Reputation: 1
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    #5

    Apr 11, 2012, 10:46 AM
    I live in California
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Apr 11, 2012, 10:50 AM
    They are in California, but correct, you need to treat them just like you do any renter, the fact they do not pay makes no difference. No more "verbal anything" put it in writing, give them a time to be out in writing, if they are not out, you go to court to file a formal eviction.
    bassinova's Avatar
    bassinova Posts: 3, Reputation: 1
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    #7

    Apr 11, 2012, 10:58 AM
    Where can I get the proper eviction notice and what is the legal way to serve her the notice?
    I have a feeling she will try to make herself unavailable. She hasn't been here in
    A week and I'm not sure where she is.
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