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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My sister in law has been living in a house we own in Truckee,

Customer Question

My sister in law has been living in a house we own in Truckee, CA. She has never paid rent. We told her January that she needs to move out because we are selling the house. She is still there and interferring with our efforts to sell the house. What do I need to do to cover us legally and get her out?
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.
You need to first place her on legal notice that she needs to leave and give her a date by which she must leave. This can be done by certified letter with a return receipt or by having a process server deliver the letter to her. If he fails to leave the premises within the time frame specified, then you will have to take legal action. Even though she is living in the house without a lease agreement and for free, the best laid plan is to go through the unlawful detainer process to have her forced out. Unfortunately, it will take some time. The court process of an unlawful detainer (eviction) usually takes about 30 days. The tenant has 5 days to file a response after being served with the landlord's lawsuit. Then, the court clerk will schedule a trial within 20 days of the landlord's request. The trial usually takes less than an hour (but it could take longer). If the landlord wins, the tenant usually has about 5 days to move out. It depends on how fast the sheriff posts the property with the lock-out order. The lock-out order will allow the sheriff to lock the tenant out if the tenant does not leave the premises with his or her belongings within 5 days of the posting. You file in a court in the county in which the house sits. Let me know if you have any other questions or comments. Best wishes going forward!
Customer: replied 2 years ago.
What does the 30 day letter need to say?
Expert:  Delta-Lawyer replied 2 years ago.
The letter can be short and sweet. It needs to point out the following:
- you are the owner
- there is no lease agreement
- she is hereby requested to vacate the premises within 30 days
- she has no legal right to the premises
- do not damage the property and remove any permanent fixtures in the process
- you are giving her more legal leeway that you are required to do out of respect
- you will have her removed and charged with trespassing if she does not adhere to your lawful request
You have those items in the letter, and you are good to go.
Let me know if you have any other questions or comments.
Best wishes going forward.