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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32914
Experience:  Began practicing law in 1992
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A woman has been living in my father-in-laws home for approximately

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A woman has been living in my father-in-law's home for approximately 9 months. She was living with his grandson, but the grandson died two months ago and she will not leave. She is not paying rent. He has asked her to leave and she does not. His son and I are going to California in two (2) days to bring his father to Arkansas to live with us. We will be listing his house for sale or just letting it go back to the bank. Can we present her with an eviction notice and give her three (3) days to leave? Do we have to go through the courts to have her evicted since she has never paid any rent and is not a tenant?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

You still have to go through a formal eviction process even though she isn't paying rent since she began living there by permission.

JD 1992 :

CA has very tough eviction laws and failing to follow the correct procedures can get you fined, etc.

JD 1992 :

The first thing to do is give her a 30 day notice to vacate. If she does not do so, then you have to file what is known as an "unlawful detainer" case.

JD 1992 :

There is a pretty good explanation of the process, with some warnings, at http://www.courts.ca.gov/selfhelp-eviction.htm , which is a court website.

Customer:

So his verbal request for her to vacate does not count?

JD 1992 :

How old is the father in law? No, it has to be a written notice and you have to provide a copy of the written notice to the court when the action is filed.

Customer:

He is 89 years old--legally blind, legally deaf, and unable to maintain

Customer:

his own home

JD 1992 :

There's a back door approach that you can use, contact Adult Protective Service and report her for taking advantage of him.

Customer:

What will happen to her if we do this? His dad doesn't want to hurt

Customer:

her he just wants her out

JD 1992 :

They will likely just tell her to get out or threaten her. I've never seen them actually prosecute anyone just for this.

Customer:

Okay. Thank you very much

JD 1992 :

You're very welcome.

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