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CLE1951 · Aug 5, 2011, 08:51 PM

I have an elderly relative in California with a transient living in her garage. There is no rent or lease agreement and he pays no rent. Initially he stayed there with her approval, but has overstayed his welcome. How can she get him off her property without fear of retaliation?

AK lawyer · Aug 6, 2011, 04:14 AM

What do you mean "retaliation"?
A lawsuit or a criminal act?
She can avoid the former by suing him for eviction.

CLE1951 · Aug 6, 2011, 11:21 AM

I previously asked "I have an elderly relative in California with a transient living in her garage. There is no rent or lease agreement and he pays no rent. Initially he stayed there with her approval, but has overstayed his welcome. How can she get him off her property without fear of retaliation?"

My concern is for her safety and protection of her property. What I am looking for is the possibility of assistance for her in achieving the goal of removing the individual.

excon · Aug 6, 2011, 11:32 AM

Hello C:

We understand what you WANT. The problem is the law doesn't make provisions for it. The "transient" must be evicted according to California landlord/tenant law. It's NOT difficult, and it'll take about three weeks IF she's efficient.

Then an armed sheriff will escort the guy away.

If she's incapable of proceeding on her own, she needs to give power of attorney over to someone who CAN.

You SAY she's worried about retaliation, so I wonder if he's EVER been violent towards her. If so, she may have another alternative available to her.

excon

CLE1951 · Aug 6, 2011, 11:43 AM

I previously asked: "I have an elderly relative in California with a transient living in her garage. There is no rent or lease agreement and he pays no rent. Initially he stayed there with her approval, but has overstayed his welcome. How can she get him off her property without fear of retaliation?" My concern is for her safety and protection of her property. What I am looking for is information regarding the possibility of assistance in removing the individual from the premises - is there an organization that assists people in circumstances such as this?

joypulv · Aug 6, 2011, 12:39 PM

You should have used Answer to reply to your own previous question.
There are no organizations that I know of anywhere that help the elderly get tenants out, whether in the house or garage, paying or not. You can go, or she can hire someone to stay with her until the eviction is finished. It could be a college student needing some work before he goes back to school.

Fr_Chuck · Aug 6, 2011, 12:57 PM

First let me see if I can clear it up.

She has a homeless man living in her garage.
Does it have heat ? Is there a bathroom, in fact she could be considered as having a illegal rental ( you don't have to collect money to have it considered a rental)
Also she may have well violated zoning laws.

So besides the homeless person, she has other fears also

But she can evict, or perhaps even have the police remove him. ( while it would be an illegal eviction,) the police may not see an issue throwing a homeless man out of a garage.

But there is nothing they can do, to protect theirself or the property, vandlism happems no matter what protection.
But yes getting someone to stay there with them for a while could help

ScottGem · Aug 6, 2011, 04:08 PM

If he is a resident, then he isn't a transient. You can't have it both ways. He has to be given notice to leave and if he doesn't comply, then she has to go through the eviction process.

P.S. Use the Answer options to add more to the thread. Don't start a new question. Your threads have been merged.