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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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    Thanks again

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  2. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    I'm sorry I have one more question. Since I will probably be challenged I'm trying to get everything in order. I served my family member a 60-day notice and I put it on their table front of their computer is that a proper service? They live in my living room. I can't mail it to them because they don't have access to my mailbox.

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  3. mightymoose

    mightymoose Moderator

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    Usually an eviction notice is given by personal service or is posted at the door of the residence.
    Given that you live with this person it seems personal service would be easy, however posting it in their room in a conspicuous place would probably be sufficient.
     
  4. mightymoose

    mightymoose Moderator

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    You should find it from the court how long it takes to obtain a hearing after filing for eviction. If you know approximately how long then you can time your filing so that your hearing isn't long after 60 days expires, or you could ask that the hearing date be set after the date you specify.
    Otherwise after 60 days and they still remain you then go to court to file and have to wait weeks for a hearing. Learn the entire process, follow it exactly, and try to minimize the time as much as you can.
     
  5. kmurphy40

    kmurphy40 Law Topic Starter New Member

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    Update: the family member has been gone for almost 3 weeks after the 60 day notice was given, but they left most of there stuff. Can they come back and try to stay longer or can I call the police and have them removed?

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  6. army judge

    army judge Super Moderator

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    You are learning WHY its never wise to allow anyone to use your home as a flophouse.

    No, you must follow CA law when it comes to property abandoned in your home by "squatters".

    California landlords must follow very specific steps before disposing of the property that is clearly abandoned.

    You must inventory and store the personal property in a safe location.

    You can decide to keep the property in the rental unit, but the rental unit must be safe and secure.

    You must ALSO give the tenant notice of the abandoned property and your intention to dispose of it if the tenant does not claim it.

    If you have reason to believe that the tenant is not the owner of the property and you know who the owner is, then you must also send a notice to the actual owner of the property, in addition to the tenant (see Cal. Code of Civ. Proc. § § 1983 and 1986).

    The notice you provide must contain very specific information, as required by California law.

    California has made it very easy for you create this notice by providing you with templates to use. You just have to provide the specific information for your situation.

    The templates can be found at Cal. Code of Civ. Proc. § § 1984 and 1985.

    It is important to note that there is one template for the tenant and another template for someone other than the tenant who you believe is the owner of the property. Regardless of which notice you use, each notice must contain the following information:
    a description of the abandoned property
    the location where the tenant can claim the property
    the time frame that the tenant (or owner of the property) has to claim the property
    a statement that reasonable storage costs will be charged to the tenant and the tenant must pay those costs before claiming the property, and
    a statement that if the property is not claimed in time, it will either be sold or destroyed.


    http://www.charliedunn.com/_Forms/Abandoned_Personal_Property_After_Termination_of_a_Tenancy.pdf

    Some good news:

    The person has seemingly abandoned the premises.

    The act of abandonment has GIFTED you another option.

    He not only abandoned personal goods, but also his "tenancy".

    You MIGHT be able to bring this to a legal close with the next three weeks, give or take!!!

    http://www.courts.ca.gov/documents/notice_of_belief_of_abandonment_per_civil_code_19513.pdf

    http://247relm.com/uploads/3/4/6/5/34658071/145_notice_of_belief_of_abandonment.pdf
     
  7. mightymoose

    mightymoose Moderator

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    Pack up the property and remove it from your residence so there is no need to return. Store it in a safe place until it is retrieved.
    If you haven't already done so, consider changing your locks now.

    Since this is a family member it should not be hard to get word out as to where the property is being stored and how to retrieve it.
     

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