Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your situation. No, I am afraid that this is not a good plan. Allow me to explain why.
What this squatter is is called a tenant at sufferance
. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the landlord and may be terminated at the will of the landlord. Of course you never tolerated this to begin with, but, this is how the Court sees it.
In California, a tenant at sufferance has very few rights, but one of them is to be evicted like a "regular" tenant. However, unlike a regular tenant, you really owe the tenant at sufferance no notice before filing for an eviction
against them. California Real Estate Law, 5e; William H. Pivar, Robert J. Bruss.
As such, you have two options:
1) Send them a LETTER stating that unless they leave voluntarily now, you would file for an eviction and then have them escorted out by force using the authorities (which it seems you have already done)
2) If you believe that the letter will not scare them to leave, you can simply file eviction NOW without any notice. See here
on how to file an eviction in San Francisco. Again, one in your situation may ignore the NOTICE section - this is for 'real' tenants.
If he still does not move out afer the eviction hearing, then
you can have them FORCED out by the Sheriff using a writ - see here
I hope this helps and clarifies. Good luck.
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