[debbie0327]

Ok, First my husband and I got a divorce and then because of lack of funds I ended up having to move into my parents house. From there I had been trying to decide on spending a little bit of money to fix the kitchen cupboards so I could rent the home out and still keep the house. In the meantime, my church had called. They asked me if we could help with a father and daughter family who needed a place to stay. Out of the kindness of my heart I said OK.. I allowed them to move into the home I had just vacated. It is still my home and I had just missed one house payment. I was not going to collect any monies from them and I was still paying for all of the utilities. Anyway just in September I had to go to Bankruptcy court and the collections for foreclosure are on hold. I am now trying to get this house guest and his daughter out of this home so I can get the rest of my items out and stop paying utilities, he has been in the home for about 5 months and has not made any efforts to better himself. When I verbally told him he needed to move he became irate. We live in California and I need to know can I change the locks if he leaves? Can I have the police officer throw him out as he has no rights to my home, I still show on title and pay all utilities. Do I have to proceed legally? I was able to see his record about two weeks ago and he has a very checkered past. Please advise.

[spencerfirst]

Hello Debbie0237;

Please find that following link, its one of the best methods of discovering Calfornia Tentant law:

http://www.caltenantlaw.com/

I'm sure you'll find your answer there, if not, just log onto the following link:

http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx

This will soon be behind!

Jeff :)

[ScottGem]

After 5 months this family are no longer guest. They have established residency and have to be treated as month to month tenants. Therefore you cannot change the locks since that would constitute an illegal eviction and open you for a lawsuit.

Since the request came from your church, enlist your pastor for help. Explain to him that you have, out of the goodness of your heart, provided this family with free lodgings for 5 months. But you can no longer continue to do so. Tell him you asked them to leave and they refused so you will now have to pursue the legal eviction process.

You then have to serve him with a written notice giving them 30 days to vacate. Hopefully the pastor can convince him to leave by that deadline. Otherwise you will need to go to court for an eviction order.