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RONB-ESQ, Lawyer
Category: Family Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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My name is ***** *****. My 19 year old son has become

Customer Question

My name is ***** *****. My 19 year old son has become abusive and has caused property damage over the last few years. I got a temporary restraining order against him a little over a week ago and we have a court date pending. My question is whether or not I need to pursue any kind of eviction process in case the judge terminates the order at the hearing. He does not and has not paid rent of any kind
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Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I live in Orange County, California.
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

There was a note that this was for another expert, but he is either away or unable to get to the question. I can assist or if you prefer I can opt out and you can wait on the original expert to respond. Please let me know either way.


Customer: replied 1 year ago.
I would be happy to have you assist me.
Expert:  RONB-ESQ replied 1 year ago.

I would highly recommend that you go forward with a forcible detainer action (eviction) so that at the end the sheriff or constable has physically removed your son if needed and legally turned over full possession to you. If you go through the process you can't be legally liable when he does come around and claim that you illegally changed the locks, etc.

Do you know where he is and could you advise the sheriff or constable as to where he could be served with a lawsuit?

Expert:  RONB-ESQ replied 1 year ago.

California is unique in that it recognizes a difference between a tenant and a lodger. A lodger is someone that rents a room in your single family home and you only rent to one (in this case offer him a place to stay) so you only have one lodger if you rent multiple rooms then they are all tenants. I say this so you know that you have a legal right to simply put him out, but most police departments won't recognize this even if you hand them the California statute they will say it is a civil matter you need to evict. To prevent that from slowing you down I would suggest that you go through the eviction process.

Once you answer my question as to whether you know where to serve him with a lawsuit (sheriff or constable will do this) I can better answer your question.


Expert:  RONB-ESQ replied 1 year ago.

You can reply and tell me later if you can't find him.

You should serve him with a 3 day notice to quit due to domestic violence (if it was not domestic violence then simply state he was a nuisance to other tenants. See type a letter like this one. I think you can see enough to type it yourself it is not critical that it be perfect just mainly state boldly that it is a 3 DAY NOTICE TO QUIT due to .... and post that on his bedroom door take a picture of it taped to the door and mail it to him at the last known address such as your home. You can mail it certified without return receipt required that way you can also prove you mailed it and the post office will give you tracking number that shows it was put in your mailbox.

Then wait 3 days minimum and go to the Court and file a forcible detainer action. You will need to provide them an address either home or work where they can serve him with papers. You can probably get all the papers at the courthouse for free. They will set a hearing for about 5-7 days after they serve him. Go to the hearing and even if he show just state that he is nuisance or domestic violence if that applies. You should be able to get a copy of the police report and/or copy of emergency restraining order and take it with you to court. If he shows and loses the Judge will tell you how long he has to file an appeal. My guess is he won't show so just ask the Court how soon you can get a Writ of Possession issued. The Writ will cost around $200, but that pays for the sheriff or constable to come out and post notice that they will return between 2-5 days after posting notice to physically remove him and watch as you put his belongings on the curb. At that point they will legally give you possession of his room and you should change all locks. In fact you should be ready to change all locks as soon as they complete the task. After that retain a copy of the Judge's order and copy of writ and if he comes around and won't leave call the police and have him given notice that he is trespassing and if he comes on the property after that he will be charged with criminal trespass.

I am taking a break for dinner so I will be back online in about 30 minutes in the event you respond I will reply as soon as I get back.

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Regards, Ron