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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My mother wants her 50 year old daughter and her son to move

Customer Question

My mother wants her 50 year old daughter and her son to move out. The daughters son is 20 years old. She has been living in my moms home for many years rent free. My mother is selling her house and wants to do some improvements to the home before she puts it up for sale, but can't do some of the work until they move out. she wants to do this right so there are know legal issues if her daughter decides she doesn't want to move out just yet. My mother wants her out of the house by August 1st. So if she gets the eviction notice she will have had 60 days notice. What is the correct procedure to get this done and get it done right?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
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I am sorry to hear about this situation.
They are what is known as tenants 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. At least, that is what they are by default here.
I am sorry for your situation. She is what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.
A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick them out of the home. They must be evicted like a tenant who has not paid rent. If after the quick eviction hearing they still do not leave, then, one can get a Writ and have the authorities forcibly relocate them.
However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction. And in CA, no notice is even required before filing an eviction. A tenant at sufferance is entitled to no notice before an unlawful detainer action is commenced. See Roberts v. Casey (1939) 36 Cal. App.2d Supp. 767, 775 [93 P.2d 654]. Herein, however, the notice may help to scare them away even without needing to file for an eviction.
So here, she may:
1) Give them notice to leave and if they do not;
2) Evict them as though she would a tenant; and
3) Have the authorities remove them by force if they still do not leave; and
4) Change the locks.
Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.
Finally, it is irrelevant that they are family.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.