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How do I kick someone out of my house if they are not paying rent in California, SF? 10 POINTS!?

Having a dispute with a tenant or landlord? Rental Law discussion

How do I kick someone out of my house if they are not paying rent in California, SF? 10 POINTS!?

Postby menw » Sat Dec 31, 2011 1:36 am

They are family, she's 61, and by law, if she's 62, we can't kick her out. I know we have to file a eviction paper and such, but how long would that process take? We gave them a 30 day notice, and we have something against them, they said If they don't get what they want, they will not leave. Knowing them, been eating and not been paying **** for 16 years, even if they got what they wanted from us, they will not leave. Is there anyway? Cut electricity and such? Ideas?
menw
 
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How do I kick someone out of my house if they are not paying rent in California, SF? 10 POINTS!?

Postby culley96 » Sat Dec 31, 2011 1:42 am

In California, if someone has lived on your property for more than a year, you have to give them sixty days notice to vacate. If you engage in self-help (shutting of the water, throwing their clothes on the lawn, changing the locks, etc.) YOU have broken the law.

The way to get them to leave is to serve them proper notice. Your eviction notice has to say you are terminating their right to be on the premises, give a specific date at least sixty days out, and state that you are demanding full possession of your property at that time. It needs to be given to the tenant. Make enough copies and give a copy to each person that you want to leave. Since this is obviously a contentious relationship, when you give the notice to them either get them to sign and date a copy agreeing they received it (they probably won't do that) or have a disinterested party with you when you give it to them. It can be anyone over 18; it would be a good idea to pick someone who would be a good witness in court.

When the sixty days has passed, and they are still there, you will need to file a complaint in Superior Court. You will file a complaint and ask the court to serve a summons on the people. In addition to your complaint, file a declaration requesting monetary damages and eviction costs. The summons will be served by a professional. All of that will cost you some money, which you must request be reimbursed to you in your complaint.

The court will establish a time frame. If your unwanted guests do not respond, you can then ask for a default judgment. Once you have that judgment, you can call the sheriff to have them physically removed. You will have to make provision for them to get any property they own as well.

I don't see any provision in the law that says if someone is 62 they can't be kicked out. It's your property and your decision who lives there. Even if there is, so long as you file before she turns 62 you are fine.

There are no shortcuts that will work, particularly if you've waited 16 years to act. What they want or what you have against them are irrelevant to this. So long as you own the property, you can evict them.

Below is a good summary of the eviction process specific to California.
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How do I kick someone out of my house if they are not paying rent in California, SF? 10 POINTS!?

Postby christos » Sat Dec 31, 2011 1:58 am

I'm sorry, no. As a minor you have absolutely no standing to do anything. You don't own the property, and have no knowledge of what went on when your parents and their relatives set up this arrangement, apparently before you were even born. You should stay out of the situation altogether.
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How do I kick someone out of my house if they are not paying rent in California, SF? 10 POINTS!?

Postby delron » Sat Dec 31, 2011 2:07 am

I'm sorry, no. As a minor you have absolutely no standing to do anything. You don't own the property, and have no knowledge of what went on when your parents and their relatives set up this arrangement, apparently before you were even born. You should stay out of the situation altogether.
Since she and the others seems to be residents you have to go to court to evict her (them.)

Cutting electricity and other utilities? Yeah, I would do that; since they pay no rent they have no legal right to complain. Also do not buy any food.

And do not hesitate to call police if they do something illegal against you.
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How do I kick someone out of my house if they are not paying rent in California, SF? 10 POINTS!?

Postby karlitis » Sat Dec 31, 2011 2:22 am

1st question- Google it, I have no idea.
2nd question- Threaten to get them to move out, take it to court if there is time, or move out.
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How do I kick someone out of my house if they are not paying rent in California, SF? 10 POINTS!?

Postby raleah » Sat Dec 31, 2011 2:29 am

Only in San Francisco could someone be so mean to a family member. Hope for your sake there's no karma, kicking out your old auntie.
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How do I kick someone out of my house if they are not paying rent in California, SF? 10 POINTS!?

Postby egan » Sat Dec 31, 2011 2:32 am

yeah cut electricity. or invite some ghost over. or.. murder them and hide their bodies.
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