Hi everyone,

A family member of mine moved into in extra house that my family owns in California after 5 years of them not paying rent we want them out. They have established residency so how can I go about getting them out of my house?

Thanks,

D

Quote:

---

Originally Posted by dustind2103

Hi everyone,

A family member of mine moved into in extra house that my family owns in california after 5 years of them not paying rent we want them out. They have established residency so how can I go about getting them out of my house?

Thanks,

D

---

Sorry forgot to add that when never had any sort of agreement or lease

Quote:

---

Originally Posted by dustind2103

Hi everyone,

A family member of mine moved into in extra house that my family owns in california after 5 years of them not paying rent we want them out. They have established residency so how can I go about getting them out of my house?

Thanks,

D

---

You have then served with a 30 day notice to vacate (in writing... keep proof of receipt or pay a process server to do it)... legally they are month to month tenants and need evicted just like renters.

If they refuse to leave, you go to court and have the Sheriffs physically and forcibly remove them and their property from the house... when you can have the locks changed.

Doesn't matter if no money was ever paid or any agreement was ever made verbal or in writing... its still your property... but they have to be treated as tenants.

Quote:

---

Originally Posted by smoothy

You have then served with a 30 day notice to vacate (in writing...keep proof of reciept or pay a process server to do it)....legally they are month to month tenants and need evicted just like renters.

If they refuse to leave, you go to court and have the Sheriffs physically and forcibly remove them and their property from the house...when you can have the locks changed.

Doesn't matter if no money was ever paid or any agreement was ever made verbal or in writing....its still your property....but they have to be treated as tenants.

---

I looked into that and I couldn't find a legal notice that matches my specific case...

Quote:

---

Originally Posted by dustind2103

I looked into that and I couldn't find a legal notice that matches my specific case...

---

What do you mean by "Your specific case"

There is nothing special about this... its a simple notice that they are to leave within 30 days... their month to month tenancy is being terminated. Just like any paying tenant would be. Absent an active and current written lease its legally considered month - to - month.

Doesn't matter if they are family... doesn't matter if they paid a dime... it doesn't matter there was never a lease...

They are tenants... and you can evict any tenant absent a written lease that's still in effect that hasn't been broken with 30 day notice to leave.

If YOU own the house... its simple... its only complicated if THEY have their names on the deed too.

Quote:

---

Originally Posted by smoothy

What do you mean by "Your specific case"

There is nothing special about this....its a simple notice that they are to leave within 30 days...their month to month tenancy is being terminated. Just like any paying tenant would be. Absent an active and current written lease its legally considered month - to - month.

Doesn't matter if they are family...doesn't matter if they paid a dime...it doesn't matter there was never a lease....

They are tenants...and you can evict any tenant absent a written lease thats still in effect that hasn't been broken with 30 day notice to leave.

If YOU own the house....its simple...............its only complicated if THEY have their names on the deed too.

---

Thanks I will get on that right now!

Quote:

---

Originally Posted by dustind2103

Thanks I will get on that right now!

---

Find a standard form... follow the steps... don't hand it to them yourself... you need proof it was received... Hire a process server... saves you from having to face them and deal with the excuses and guilt trip they will try to lay on you.

If they don't go... follow it up in court.

Don't accept any cash from them or they can argue its rent and reset the clock that's counting.

Quote:

---

Originally Posted by smoothy

Find a standard form...follow the steps...don't hand it to them yourself...you need proof it was recieved....Hire a process server...saves you from having to face them and deal with the excuses and guilt trip they will try to lay on you.

If they don't go...follow it up in court.

Don't accept any cash from them or they can argue its rent and reset the clock thats counting.

---

I will make sure we do that. Thanks a lot.

I am not convinced that you have to serve a notice to quit on trespassers before you can file to evict.
And in California there are conditions under which a "boarder" can be thrown out without going to court.

But just to be safe, it wouldn't hurt.

And honestly since this poster knows nothing about it, it may be worth a few hudred dollars to consult a local attorney who could do the forms for you