Ask Me Help Desk - Sister in law

Sister in law

I raise my brothers 3 girls, their mother kind of moved her way in. At the time I needed her their to watch the younger two and help out around the house. I have strict rules regarding the company that is allowed over and the cleanliness in which my house should be kept. Needless to say my house has gone to , the kids no longer respect anything and she has all kind of people frequenting my home at all hours. She does not help in any way at all anymore and does not keep my house clean or watch her own children or do anything. She does not pay rent or any bills and never has. Do I need to evict her to make her leave legally in the state of California?

Legally, you have to evict her. You can not just tell her to leave, and if you call the police they also can not make them leave, they can ask them to leave but if they don't want to they can stay. In California you need to evict them to legally get them out, or if you really want to, get a restraining order against her. Have you tried just telling her to leave?

What makes her a tenant?

Quote:

Originally Posted by Love0826

legally, you have to evict her. You can not just tell her to leave, and if you call the police they also can not make them leave, they can ask them to leave but if they don't want to they can stay. In california you need to evict them to legally get them out, or if you really want to, get a restraining order against her. Have you tried just telling her to leave?

Quote:

Originally Posted by Busterlaw

What makes her a tenant?

A tenant is someone with a right to possession of a rental unit under a tenancy agreement. A tenant is a person who has signed a tenancy agreement to rent residential premises. Where there is no written rental agreement, the person who made the oral agreement to rent the premises and pay the rent is the tenant.

Basically if she agreed to a certain amount of money to pay each month as rent, she is considered a tenant.

There is no rental agreement and she has NEVER paid a single bill or gave me any money towards my mortgage or any bills ever! So does she still have rights?

Quote:

Originally Posted by Love0826

Basically if she agreed to a certain amount of money to pay each month as rent, she is considered a tenant.

Yes, a tenant is also someone who can prove they have lived in a domicile for 30 days or more, by possessions, mail delivered there, and so on. They don't have to have paid a dime in rent if there never was a contract.
CA does have 'lodger' laws under tenant statutes that don't require the amount of time it would take to evict a tenant. But CA is a very 'tenant friendly' state and who knows what might happen in front of a judge. Start with your town or city hall. You can read the Civil Code on the state website too.

I forgot to say that you should start with a notice to vacate the premises in writing, handed to her with an adult witness present. Tenants in CA have to have 30 days notice, or 60 if they have been there some minimum number of years (forget, and don't have time today to look it up), and I think lodgers have 15 days. And some CA towns have stricter laws on behalf of tenants than the state statutes. That's why you need to ask at town hall.

Also, her guests 'at all hours' can be told to leave because they are trespassing on your property, and if they don't you will call the police.

She doesn't have to be a tenant - she can be a resident, at least in NY. That covers the people who don't pay rent, never intended to pay rent, can't be evicted for not paying rent.

Please don't try and play "name" games as to what she is called. She is living there and she has to be evicted to legally remove her from the home.

Quote:

Originally Posted by Fr_Chuck

Please don't try and play "name" games as to what she is called. She is living there and she has to be evicted to legally remove her from the home.

Leave "'name' games" up to the lawyers. If, in California, she is "kicked out", and if she is able to find a lawyer to sue you for unlawful ouster, her lawyer will play "'name' games" in an effort to twist the pertinent language of the landlord-tenant statute in such a way as to persuade the court that a non-paying guest is a "tenant". I actually doubt that this can be done successfully, but you never know. :)

Quote:

Originally Posted by Busterlaw

There is no rental agreement and she has NEVER paid a single bill or gave me any money towards my mortgage or any bills ever! So does she still have rights??

I was responding to this - someone answering referred to the sister-in-law as a tenant and referring to payment or non-payment of rent.

My point was and is that she is a resident - also needs to be evicted, can't just be thrown out.

Quote:

Originally Posted by JudyKayTee

... needs to be evicted, can't just be thrown out.

Goes back to the old question of what "thrown out" or "kicked out" means.

Obviously, if OP uses physical force to manhandle the unwanted guest, that could be a criminal act.
If OP asks the police to order her out, and they act, they could either try
to intimidate her into leaving or
arrest her for trespassing.

-The poice might be foolish to do either.
If OP locks her out or otherwise tries to force her out, it's conceivable that OP could be sued (Although, as I said, I have my doubts as to whether such a suit would be sucessful).
If OP asks/ demands that she leave, and she leaves, that would solve the problem, - with no liability on OP's part.

Quote:

Originally Posted by AK lawyer

Goes back to the old question of what "thrown out" or "kicked out" means.
[*]If OP asks/ demands that she leave, and she leaves, that would solve the problem, - with no liability on OP's part.[/LIST]

- In a perfect World!

Happy Independence Day! Stay safe!