QUESTION
I want to kick my husband's uncle out, he's been living here for two years how would I go about doing it?
Asked on Oct 21st, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
I’ve been wanting to kick my husband's uncle out for awhile. About two weeks ago, I had a big fight with him. It led me to call the police. They said the only way to kick him out is to get an eviction notice. I need to know how to go about doing that. Any help you can give me would really help. Thank you! I’m only a normal person, trying to figure out how to handle it. It’s causing me a lot of stress.
7 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The police are correct. You must serve him with a 30-days notice to vacate the premises and then, if he does not voluntarily leave, file an unlawful detainer case against him and have it served on him. This can be a complicated process and if not done correctly, you could be stuck with him for a while. I suggest that you contact an attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 24th, 2012 at 10:02 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
Is your husband's uncle on the lease? If so, you may not be able to kick him out. If not, you should be able to obtain an eviction notice by contacting a lawyer who can help you navigate the process.
Answered on Oct 23rd, 2012 at 10:37 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Send a notice to quit then file a complaint for possession in district court.
Answered on Oct 23rd, 2012 at 10:35 PM
Try the website for the superior court for the county in which you live; or go to http://www.courts.ca.gov/courts.htm. There are general guidelines for the eviction (unlawful detainer) process.
Answered on Oct 23rd, 2012 at 10:32 PM
You should consult a real estate attorney to review all of the facts to determine if Uncle has tenant status. If he does, then you must follow the procedure for evicting a tenant.
Answered on Oct 23rd, 2012 at 10:27 PM
To file for a formal eviction, go to your local district court and ask for the forms you'll need, fill them out, and have a court officer serve your husband's uncle. However, if the uncle is physically abusive, you may obtain a personal protection order (PPO) and a judge may order him to move out. Only take that step, however, if you are legitimately concerned for your safety and can testify as to why a PPO is necessary. Have you or your husband talked to the uncle about leaving? Is there a chance he would leave voluntarily? If not, the time during the eviction process could be very tense.
Answered on Oct 23rd, 2012 at 10:21 PM
Kevin Elliott Parks
The process typically begins with a 60 day notice in these instances. But if you uncle fights the eviction and doesn't move, you then have to proceed to court to properly evict him, which could be a rather risky and expensive proposition.
Answered on Oct 23rd, 2012 at 10:20 PM