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
delay between your follow ups and my replies.
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.
Please note: I aim to give you genuine
information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces 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. (You may always ask follow ups at no charge after rating