Unlawful Detainer or Restraining order..PLZ HELP

[punkpwnzor]

Hello im new to this wesbite and i need some legal advice and i cant afford a lawyer and i found this website just now.

Here is the problem that i have,my grandmother who passed away back in Oct of 2009,well she did a Quitclaim deed with me and signed over her house to me i guess and we got it notarized. About a few weeks after that i receivied a two letters in the mail,one from the property taxs which is in my name as of now and it was just a bill,the second letter was from the County office saying that the house was transfered in my name,i cant really remember what it said but thats all i can think of.

I moved out of my grandmothers house in Dec. of 2008 and been living here at a house that my father had bought with my grandmothers money and i just basically took over some overhead that they both were having because they couldnt afford the payment,i didnt sign any lease or anything and so i did move into the house. Now that my grandmother has passed away,im having problems with my dad and he wont get out of the house that my grandmother signed over to me.

I spoke to a officer about the problem and he tells to get the correct paper work to remove him, NOW thats the question,How do i remove him from the house? Do i get a Unlawful detainer or a Restraining order. Im so lost in how to go about this. So if anyone has info on how to get my father out please write..Thank you

 

[punkpwnzor]

PLZ help..........

 

[CdwJava]

Talk to someone at the courthouse or at your Sheriff's Office civil division and ask about the eviction process.

Here is a good resources as well (from the state of California):

http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

 

[punkpwnzor]

Talk to someone at the courthouse or at your Sheriff's Office civil division and ask about the eviction process.

Here is a good resources as well (from the state of California):



thank you,ya i kinda figured i would have to get a unlawful detainer..but the detainer is made for tenets and my dad isnt one,couldnt i still give him that 3 day notice and tell him to either pay rent or get out.

 

[CdwJava]

If he is no a tenant is he ... what? You say he bought the house with grandmother's money? Is he the owner, then?

Who is registered with the county as the OWNER of the property?

 

[army judge]

Do you know what a quitclaim deed is?

A quitclaim deed, is often erroneously referred to as a "quick claim deed" or "quit claim deed".

A quitclaim deed is a document that transfers interest in land from one person, called the grantor, to another, called the grantee.

To be legally effective, it must be signed by the grantor and describe the land being conveyed.

There is an important limitation to the quitclaim deed. Because it only transfers the rights that the grantor has in the property, it does not guarantee that the property is the grantee's outright.

If others with an interest in the property have not signed the deed, then their rights are unaffected by this document — they still retain their ownership.

In most cases, the signed quitclaim deed is a simple and effective way to give up all interest in a property. However, if one owns NO INTEREST in a property, they can LEGALLY grant their 0% interest in the property to another.

The effect of such a conveyance can result in someone 'buying' or 'receiving' the grantor's 0% interest.

I suggest that you speak with a local lawyer, if you wish to remedy this situation.

If you fail to cure any defect properly, you may lose everything.

On the other hand, you may not have anything, even if you believe you do.

Speak with a lawyer about this matter as soon as you can.

Good luck!

 

[CdwJava]

Ditto.

This sounds too complex at this point to be a do-it-yourself process.

 

[army judge]

i kinda figured i would have to get a unlawful detainer..

but the detainer is made for tenets and my dad isnt one,couldnt i still give him that 3 day notice and tell him to either pay rent or get out.

You can tell him to get out, and even serve him with a 3 day quit notice.

But, should he choose NOT to leave, you have to bring an eviction action in court.

Only a court can order him to leave, then the sheriff or marshal will assist in his actual eviction.

Eviction is not a quick process.
Be prepared for a legal fight.

Remember, you have to prove you are the legal owner.

 

[punkpwnzor]

If he is no a tenant is he ... what? You say he bought the house with grandmother's money? Is he the owner, then?

Who is registered with the county as the OWNER of the property?

k the house that he lives in right now is my grandmothers house,thats the house my grandmother did the quitclaim deed and signed it over to me,the house im living in right now is the house my dad got with my grandmothers money and was planning to sell it but my dad couldnt pay for the monthly payment so i took over and moved over here now my grandmother has passed and i want my house and im seeing about getting the detainer. im not his tenet or is he mine i just took over payments to help out and i never ask my dad to pay anything but he doesnt have a job so he basically let the house go and he doesnt want to leave

 

[punkpwnzor]

You can tell him to get out, and even serve him with a 3 day quit notice.

But, should he choose NOT to leave, you have to bring an eviction action in court.

Only a court can order him to leave, then the sheriff or marshal will assist in his actual eviction.

Eviction is not a quick process.
Be prepared for a legal fight.

Remember, you have to prove you are the legal owner.

well im assuming it is my house after my grandmother did that quitclaim deed and i even got property taxs in my name so its gotta be mine

 

[punkpwnzor]

k well i went down to the county office and got my deed to the house..so ya

 

[army judge]

Tenants don't have to pay rent to achieve that status. They merely have to occupy a premise, much as your dad is doing.

If a person doesn't want to leave, the eviction process is the only LEGAL way to get them out.

That is, if they choose not to vacate when asked.

So, what result or answer are you seeking?

If you try this any other way, it'll splatter all over you.

You could even wind up facing criminal charges and your dad will still be in the house!


Sent from my iPhone using Tapatalk

 

[punkpwnzor]

Tenants don't have to pay rent to achieve that status. They merely have to occupy a premise, much as your dad is doing.

If a person doesn't want to leave, the eviction process is the only LEGAL way to get them out.

That is, if they choose not to vacate when asked.

So, what result or answer are you seeking?

If you try this any other way, it'll splatter all over you.

You could even wind up facing criminal charges and your dad will still be in the house!



thank you so much,yes im planning on doing it the right,i already have all the paper work i need and my deed to the house............

 

[punkpwnzor]

is having more than 10 people agree with you something called a verbal agreement,my dad says he has 10+ people that say the house was for him and that its a verbal agreement..is that true?

 

[punkpwnzor]

anyone plz help

 

[punkpwnzor]

well i have my deed to the house,now with the 3day notice to pay or quit,do i serve him with that or i have someone else serve him with that notice..in my notice is it ok to put down some type of money figure saying he owes 1200 dollars from the time my grandmother passed away till january ot Feb. of this year or how should i put it.

 

[army judge]

is having more than 10 people agree with you something called a verbal agreement,my dad says he has 10+ people that say the house was for him and that its a verbal agreement..is that true?

No, there no oral agreements under the law as far as property is concerned.

The law requires all agreements insofar as property is concerned to be in writing.

Your dad doesn't know what he's blabbering about.

He could have a million people and that would be just as meaningless.


Sent from my iPhone using Tapatalk

 

[army judge]

well i have my deed to the house,now with the 3day notice to pay or quit,do i serve him with that or i have someone else serve him with that notice..in my notice is it ok to put down some type of money figure saying he owes 1200 dollars from the time my grandmother passed away till january ot Feb. of this year or how should i put it.

Anyone can serve the notice.

It is nothing more than a letter telling him to vacate the premises.

Make this easy on yourself, just get him evicted.

He won't voluntarily leave, so what makes you think he'd pay you a dollar?

Just evict him, that's all.

Get your house and life back and be done with it!


Sent from my iPhone using Tapatalk

 

[punkpwnzor]

Anyone can serve the notice.

It is nothing more than a letter telling him to vacate the premises.

Make this easy on yourself, just get him evicted.

He won't voluntarily leave, so what makes you think he'd pay you a dollar?

Just evict him, that's all.

Get your house and life back and be done with it!


Sent from my iPhone using Tapatalk

probably be better to give him a " notice to vacate". now is that a 30day or what kind is it.

 

[punkpwnzor]

ok well last night after getting off this site, my dad sister called me,now keep in mind she has never called me before ever,and she wanted to meet up and talk about the thing with my dad,and well i told her what i wanted to do and she was saying im going to need a laywer to fight for the house and if i even win that all the sisters that our my dads which are like 3 of them, that they are gonna fight over the house and take me to court.

Is there anything that my dad can do and can my aunts come after me if i get the house,can they have some right to the house.