QUESTION
How can I evict my son and his girl who moved in with us because they were being kicked out of their house for not paying rent?
Asked on Aug 19th, 2017 on Landlord and Tenant Law - California
More details to this question:
We let them move in rent free for a little while so they could save up some money and pay some of their bills. However, it is now going on 16 months and they have only paid a small amount for some utilities up to 4 times and continue to use excessive amounts of utilities and continue to not pay. We had gone to fair housing and they said we should give them a 60 day notice and so they gave us a forum to fill out and sign we took the forum and I gave it to my son. When I gave it to my son, he said that I don't have to take this. It’s not legal that we must not know very much about the law. They continued to keep on using everything in excessive amounts. They have so much stuff here we had to invest in a storage unit, when in fact they should be investing in their own storage unit. It would be very helpful if you were able to give us a hand.
2 ANSWERS
An owner is allowed to personally serve a tenant with a 60 day notice that they are not agreeing to renew the lease period when it expires. A party to the actual suit to evict a tenant can not serve a copy of the lawsuit.? If the unit is under local rent control rules, you must follow additional procedures, but I think most rent control laws exclude Section 8 residents. Ask him why he thinks he has any legal or moral right to remain there. You might have a problem as to evicting his girl friend if you permitted her separately to stay with you, but if you merely allowed him to stay and treated her as part of his family, there should be no problem. Prepare and give them a three day notice for failure to pay what they agreed to pay [try to give an accurate dollar figure] and then file an unlawful detainer after the three day. Your son is a jerk and clearly will not change his behavior. I realize it is difficult for a mother to act against a child, but a similar situation occurred in my family and it was very harmful to my parents. You have your own life to live and by putting up with his behavior you may be endangering you ability to stay in your current home. You have been more than fair with him and it is disgusting how he and his girlfriend treat you. Kick them out!
Answered on Oct 31st, 2017 at 7:35 AM
This is not a DIY problem. You need to hire an attorney.
Answered on Oct 25th, 2017 at 6:19 AM