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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9081
Experience:  since 1983
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I'm 76 yrs old and my daughter who is 55 and her husband who

Customer Question

I'm 76 yrs old and my daughter who is 55 and her husband who is 54 has been living with me for 2 1/2 yrs. She does not work and her husband works when ever. I feel like my home is not my own. I get no respect The stress is awful! They do not like like I do. I need them to be gone.
What can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

I am sorry to hear this.

Do they pay rent?

Which town and State is this in?

Customer: replied 1 year ago.
no they do not pay rent! They get food stamps.
This is in Victorville, CA.
I'm so tired of not being respected.
Customer: replied 1 year ago.
They have a son and daughter who live here in Ca. the daughter lives in Victorville and the son up north. The daughter drinks right along with them and smokes.
Customer: replied 1 year ago.
my daughter drinks in the house and I have told her I do not like to see the beers in my refr or house. Husband does his pot n the shed.
Customer: replied 1 year ago.
They have all kinds of things on the car port, like a washer and dryer and all kinds of junk, I never lived like that, they don't even ask. I have not said anything but I did not want every thing to blow up. I have high blood ressure and some other problems and she told me I enjoy being sick! My Dr., had even told me to tell them they needed to go, but I can not take the stress. She is afraid I will have a stroke. But God has been with me.
Customer: replied 1 year ago.
Thats about it !!
Expert:  N Cal Attorney replied 1 year ago.

Since they are not tenants, you cannot file an unlawful detainer case, also called an eviction case. But you can file a case for ejectment.

An ejectment case is basically the same as an unlawful detainer but it takes longer.

You can get a free consultation from some of the local attorneys listed here.

If they will not leave voluntarily, you will need to consult an attorney to get them out.

I am sorry but there is no simpler alternative of which I am aware.

http://www.inlandlegal.org/publications/landlord_tenant.pdf

states:

A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house. Most lodgers have the same rights as tenants except in the following situation:

In the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must the same as the number of days between rent payments (for example, 30 days). When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner’s house and may be removed as a trespasser.

The statute states:

1946.5. (a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by either party giving written notice to the other of his or her intention to terminate the hiring, at least as long before the expiration of the term of the hiring as specified in Section 1946. The notice shall be given in a manner prescribed in Section 1162 of the Code of Civil Procedure or by certified or registered mail, restricted delivery, to the other party, with a return receipt requested.

(b) Upon expiration of the notice period provided in the notice of termination given pursuant to subdivision (a), any right of the lodger to remain in the dwelling unit or any part thereof is terminated by operation of law. The lodger's removal from the premises may thereafter be effected pursuant to the provisions of Section 602.3 of the Penal Code or other applicable provisions of law.

(c) As used in this section, "lodger" means a person contracting with the owner of a dwelling unit for a room or room and board within the dwelling unit personally occupied by the owner, where the owner retains a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit.

(d) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.

Please follow up on this with a local attorney.

I hope this information is helpful.

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