I rented my home to one party and they went ahead allowed their brother to move into my garage. The person on the lease is leaving the property but the brother (who is not on the lease) is refusing to leave. Can I have him removed as a squatter by the police or do he also have legal rights like a tenant and have to file an unlawful detainer?
2006-07-24 06:13:56 · 8 answers · asked by MARKEEONE 2 in Business & Finance ➔ Renting & Real Estate
Most likely you will have to go to magestrate court and file a unlawful occupation and have him removed. If you knew he was living there and yu did not do anything to them at that time it may require the eviction.
2006-07-24 06:18:22 · answer #1 · answered by smurfettewv 2 · 0⤊ 0⤋
My son's girlfriend moved in with my family when she got pregnant. She has been here for a year now and the relationship is not working out. I have asked her to leave but she refuses.
The sherrifs dept. says that I cannot make her leave, I have to evict her. What do I need to do to evict her.
--------------------------------------------------------------------------------------
Dec 26, 2005, 06:14 PM
Going through the learning prosses of evicting my gf of several years so I have the answers.
Even though there is no rent involved with the gf, there is still a landlord tenant relationship under law. This is in California, as of Jan 1, 2006 only a 30 day notice is required. In this case it is called a 30 day notice of termination of tenancy. From 2002 to end of 2005 a 60 day notice was required for tenancies of more than one year, the law expired end of 2005.
Ok, you serve the notice, have witnesses or also mail a copy so you have proof of serving the notice. If your tenant is still there after 30 days you have to do an Unlawful Detainer Action (UDA). It's like small claims court you are asking the judge to order them out.
Hopefully about 20 days after the notice expires you will be in court having your unlawful detainer decided. If you win the judge will set a date give or take 10 more days for the sheriff to help your tennant move. This is the end, when the sheriff escorts them out of your property they are now legally evicted and to return on their part would be tresspassing.
In some of the communist jurdictions of California, such as Santa Monica or Berkley a 60 day notice may still be requried. Check up on this or you might discover this at your court hearing and have to start over. Brek.
2006-07-24 13:31:46 · answer #2 · answered by tmcs1959 3 · 0⤊ 0⤋
call the local police and have him escorted from the premises. Than have the tenant take his things when they move out. Go down to courthouse and put a restrainig order against him to keep him from property.
If the tenant will not comply. Than threaten to take the and charge extra on the deposit due to her breaking the lease requirements.
2006-07-24 13:25:28 · answer #3 · answered by Openthathouse.com 4 · 0⤊ 0⤋
File a unlawful detainer or get your brother to kick his butt out. That's called old school law
2006-07-24 13:19:37 · answer #4 · answered by qutonex 1 · 0⤊ 0⤋
Unlawful Detainer my friend.
2006-07-24 13:17:47 · answer #5 · answered by bombhaus 4 · 0⤊ 0⤋
You can have him removed because he is not on the lease. But don't try to take any of his property, that can get you in trouble.
2006-07-24 13:17:36 · answer #6 · answered by drumrchick 3 · 0⤊ 0⤋
Go through the court system you never know what could happen. If you watch court shows on TV things like this are tricky.
2006-07-24 13:19:41 · answer #7 · answered by kitkat 7 · 0⤊ 0⤋
you must give that person a written noticed and have that person sign that he recieved the notice. and he is not off the primisses then you must take him to court. if i am correct you can also take the person who gave him permission to rent the garage to court. you must check with your state. if you do not give him a noticed he can take you to court for an illega eviction
2006-07-24 13:20:51 · answer #8 · answered by lawyer girl 2 · 0⤊ 0⤋