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    tommyewilliams's Avatar
    tommyewilliams Posts: 5, Reputation: 1
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    #1

    Aug 18, 2012, 02:57 PM
    How to evict a relative from your home in California
    My daughter is a drug addict that will not get help. She does not pay rent and I have tried everything to help her and now I want her out.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 18, 2012, 03:00 PM
    You evict her just like you would any tenant.

    You have her served with a 30 day notice to vacate the property (do it in writing and have her served, do NOT do this verbally)... after which if she isn't gone you go to court to have it enforced by the Sheriffs who will come and physically put her and her property at the curb.

    If she gets violent or abusive before then call the police and have her arrested... if you see her with drugs in your house, call the police and if they find them they will arrest her. Then the 30 days will run out with her already out.
    tommyewilliams's Avatar
    tommyewilliams Posts: 5, Reputation: 1
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    #3

    Aug 18, 2012, 03:24 PM
    How to evict a relative from your home in California
    My daughter has been living with me for about 2 months. She is a drug addict. I have tried to help her out but she does not want help. There never was a rental agreement. She has never paid rent. She refuses to leave. How do I get her out?

    We live in California.
    tommyewilliams's Avatar
    tommyewilliams Posts: 5, Reputation: 1
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    #4

    Aug 18, 2012, 03:27 PM
    Quote Originally Posted by smoothy View Post
    You evict her just like you would any tenant.

    You have her served with a 30 day notice to vacate the property (do it in writing and have her served, do NOT do this verbally)...after which if she isn't gone you go to court to have it enforced by the Sheriffs who will come and physically put her and her property at the curb.

    If she gets violent or abusive before then call the police and have her arrested....if you see her with drugs in your house, call the police and if they find them they will arrest her. Then the 30 days will run out with her already out.
    Is there a special form?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Aug 18, 2012, 03:55 PM
    Quote Originally Posted by tommyewilliams View Post
    Is there a special form?
    Here is one I found by googling... its a PDF...

    http://www.wimer.net/landlord/free/30day.pdf
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 18, 2012, 05:06 PM
    Quote Originally Posted by tommyewilliams View Post
    My daughter has been living with me for about 2 months. She is a drug addict. I have tried to help her out but she does not want help. There never was a rental agreement. She has never paid rent. She refuses to leave. How do I get her out?

    We live in California.

    She's a resident -

    "30-day or 60-day notice

    A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day or 60-day notice on the tenant. Generally, a 30-day or 60-day notice doesn't have to state the landlord's reason for ending the tenancy. The 30-Day or 60-Day Notice is discussed in Giving and Receiving Proper Notice.

    In some localities or circumstances, special rules may apply to 30-day or 60-day notices:

    Some rent control cities require "just cause" for eviction, and the landlord's notice must state the reason for termination.

    Subsidized housing programs may limit allowable reasons for eviction, and may require that the notice state one of these reasons (see Giving and Receiving Proper Notice).

    Some reasons for eviction are unlawful. For example, an eviction cannot be retaliatory or discriminatory (see Retaliatory Actions, Evictions and Discrimination).

    A landlord cannot evict a tenant for the reason that the water heater must be braced to protect against earthquake damage.280 "

    California Tenants - California Department of Consumer Affairs

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