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Need to evict a daughter

Discussion in 'Other Family Law Matters' started by Sherry Squeaky, May 4, 2021.

  1. Sherry Squeaky

    Sherry Squeaky Law Topic Starter New Member

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    Jurisdiction:
    California
    My sisters’ daughter has lived in mother’s home for over ten years. Her mother bought the house so her two grandchildren would have a home. Now the kids have left home and man is living in home with daughter. Mother claims house as hers for tax purposes and is owner on title. Daughter will be served eviction notice as she won’t move out. Daughter also claims interest in house as she has made payments and lists herself as renter. She claims house is a gift. Does the daughter have a monetary interest in the house?j
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Mother doesn't have to "claim" anything. If she's the only name on the deed it's her house. Period.

    Mother should make sure that "man" is also named on the eviction notice.

    Not a bit. Daughter paid rent, no matter where the money went to.

    Mother needs to know the difference between termination of tenancy and eviction. Mother needs to know that California requires 60 days written notice of termination of tenancy for a tenant who has been living there for over a year. See 1946.1(b):

    Law section.

    If tenant is still there after 60 days written notice, then eviction gets filed through the courts.
     
    justblue and Zigner like this.
  3. Zigner

    Zigner Well-Known Member

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    Based only on what you've said here, no. Of course, I'm sure there's much more to the story that the owner of the house would know, while you may not.

    It's actually better if the daughter claims she is a renter. Owners don't call themselves renters, and renters can be evicted (generally speaking).
     
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  4. zddoodah

    zddoodah Well-Known Member

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    Lists herself on what, and what sort of interest does she claim?

    Based on what?

    I'm not sure what you mean by "monetary interest," but your niece certainly does have a legal interest in the house. She has a possessory interest, which is the same interest that every tenant has in his/her rented home. If your sister wants her daughter out of her home, she'll have to give an appropriate notice (60-day notice to quit) and then, if her daughter doesn't move out, she'll have to file an eviction lawsuit (called "unlawful detainer"). If your niece wants to defend the suit by arguing that she has some sort of interest beyond that of any tenant, she'll have to prove it, and nothing in your post suggests she could do that.

    Your sister would be well-advised to retain the services of a local attorney to make sure she gets this right.
     
    Zigner likes this.
  5. Sherry Squeaky

    Sherry Squeaky Law Topic Starter New Member

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    My sister has hired an eviction firm to remove her and go to court regarding the eviction or termination of tenancy. My niece claims she will take her mother to court after that because she claims her mother “gifted” the house to her. No proof of that.
     
  6. Zigner

    Zigner Well-Known Member

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    Great - it's up to the attorney(s) now. You are just a spectator at this point.
     
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