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Evicting a family member

Discussion in 'Eviction, Recovery of Premises' started by kmurphy40, May 20, 2017.

  1. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    I let my neice her husband and 10 year old daughter move into my home because they were homeless and we felt bad for the child. Its been almost 2 years and they are still here. both of them are not working and haven't worked the entire time. I asked them to leave in a month and they refuse to leave, so I gave them a 60 day notice to vacate. They still refuse to leave. I live in Los Angeles, California. What actions must I take to get them out?



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  2. army judge

    army judge Super Moderator

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  3. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    Since this is a family member are they considered a tenant or guest in LA, California? They are threatening to sue to stay longer because I gave them the 60 day notice. Do they have a case?

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  4. army judge

    army judge Super Moderator

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    I suggest you consider them a tenant.
    Why?
    Because they have been in your home two years.
    Accepting that premise, if the 60 day notice you previously gave them was correct in form (and 60 days has elapsed), you can file for the eviction on Monday.
    If the 60 days ends in a week, or so, file the eviction upon expiration of the 60 days.

    I would avoid trying tricks, or shortcuts.

    In fact, you can hire a lawyer (or an eviction firm) to handle the eviction for you.

    You could also offer them $500, even a $1,000 to get out!

    If they agree, put it all in writing, get them to sign, you sign and date it.

    Once they have removed ALL of their junk and their bodies, that's when you pay them.
    Make sure they agree in writing to never return to your property for any reason.

    Frankly, I'd hire a lawyer or an eviction company to do it for me.

    I'd also stop feeding them, and would eat out.
    I'd also not give them any money, or creature comforts.
    I'd lock all of my valuables away, or remove them, store them, until the bums are gone.

    Once you get these deadbeats OUT, never allow anyone to stay in your home.

    The majority of people are untrustworthy liars, and most of those are relatives.
     
  5. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    I definitely learned my lesson trying to be nice they got desperate and turned into monsters I just didn't see it coming thank you for your help and insight

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  6. army judge

    army judge Super Moderator

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    No worries, all deadbeats are that way.
    That is why my wife and I never permit houseguests.
    We help people by giving them money to pay their hotel bill.
    We don't allow them to bill it to out credit cards. LOL

    As you've learned, deadbeats are ungrateful leeches, who will bleed you dry.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    I hope that was written notice.

    Written notice is required by statute.
     
  8. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    Yes written notice, and my niece got mad and told me that I better get a lawyer because she's going to fight it. With how crazy the tenant landlord laws are, is there anything that she could do to continue to occupy my living room legally?




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  9. army judge

    army judge Super Moderator

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    Yes, there are many ways for deadbeats to stay on rent free for months, as in eight, ten, or more months.

    Which is why you need to hire a lawyer or an eviction form to get these scum out of your home.

    As suggested, there are many ways you can make their life tougher, without doing anything illegal or harming yourself physically or legally.
     
  10. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    Ok, thanks again I'll try the company in the link that you sent

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  11. army judge

    army judge Super Moderator

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    Make sure you do your do diligence before spending any money.
    Always TRUST, but NOT until you VERIFY.

    I use this site first: Scams, reviews, complaints, lawsuits and frauds. File a report, post your review. Consumers educating consumers.

    I also use YELP, and Google or Bing searches to follow up.

    Some of these "so called businesses" are very tricky.

    That's why you need to investigate them, too.


    I nearly forgot.

    Did they ever agree to pay rent?

    If so, what were they supposed to pay?

    Did they ever pay you?

    When was the last amount you received?

    How much do you think you are owed?

    You can get them out sooner, if unpaid rent is involved.
     
  12. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    Thank you very very much for taking the time help me

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  13. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    We just asked that they give anything that they could spare and I think they gave us over the two year period maybe $300. We haven't received anything from them for about 6 months

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  14. army judge

    army judge Super Moderator

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    If they haven't paid for six months you can file your eviction using a three day or quit notice.
    Ask Ms. Marsh or anyone you discuss this with as you decide which way to go.
    It seems to me you'd have been happy if they had paid you $100/month.
    They effectively ended up paying you $12/month over the last two years.
    Ask about "pay or quit", foregoing the rent, just to get them out.
     
  15. army judge

    army judge Super Moderator

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  16. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    Thanks a million I feel a little better already thank you this has been a nightmare I live in a stress box. since they don't work they sit around on the internet all day and they stay up all night, so there's constant argument about noise since my wife and I work in the day. Thanks again

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  17. army judge

    army judge Super Moderator

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    You can fix the internet issue.

    Change the password, and don't give it to them.
    If they have access to a cable box, take it out of their room, or call the cable company and have have it turned off UNTIL they are gone.

    Don't eat at home.
    Stop buying food.
    Don't allow deadbeats to mooch of you.
    Doing those things doesn't violate the law.
    You have no legal duty to provide moochers with internet, food, etc...

    I also suggest you remove ALL valuables and place them with a trusted relative, or into a storage facility.

    You can also have a Pack-Rat (or similar unit) delivered, if its allowed in yoru area.
    Otherwise, get your valuables outta there ASAP.
    They'll steal soon, if they haven't already cleaned you out.
    I suggest you do an inventory within the next 24 hours.
    Lock all rooms so they can't enter, except the room where they've been depositing fleas, lice, and other vermin. LOL

    Once they're gone, you'll need to pay for a DEEP CLEANING and a delousing just to be safe.
     
  18. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    I have another question regarding this dilemma, if possible can you tell me if this 60 day notice is legal and correct?

    SIXTY DAY NOTICE TO QUIT


    TO: _________________________________________________________


    AND ALL OTHERS IN POSSESSION:


    YOU ARE HEREBY NOTIFIED that pursuant California Civil Code Section 1946. 1, the tenancy from month to month under which you hold the possession of the hereinafter described premises is terminated SIXTY (60) days after service on you of this notice.

    YOU ARE FURTHER REQUIRED to quit and deliver up the possession of the hereinafter described premises to the Landlord/Agent who is authorized to receive possession of the same on or before the expiration of said SIXTY (60) days period.

    YOU ARE FURTHER NOTIFIED that it is the purpose and intent of this Notice to terminate said tenancy at the expiration of said SIXTY (60) day period, and that if at the expiration of said period you fail to quit said premises and deliver up possession of the same, legal proceedings will be instituted for an unlawful detainer against you to recover possession of said premises, to declare said lease or rental agreement forfeited and to recover damages for the unlawful detention of said premises.


    The premises are located at:

    ________________________________________________________________________


    Date: __________________

    _________________________________________________________



    LANDLORD/AGENT-


    "State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out."
     
  19. mightymoose

    mightymoose Moderator

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    Looks reasonable to me.
     
  20. army judge

    army judge Super Moderator

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    Yes, that's generally what they look like.

    Your CA state court system supplies them free in PDF form as do certain nonprofit organizations:
    ...
    ...
    http://evictionnotice.org/wp-content/uploads/california-60-day-notice-to-quit.pdf
    ...
    ...
    CA licensed attorneys do, to:
    ...
    ...
    http://www.evictionlaw.com/assets/60_day_notice_to_terminate_tenancy-residential1.pdf
     

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