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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have a family member living in my home, he has never paid

Customer Question

I have a family member living in my home, he has never paid anything do I still have to do a 60 day eviction in California
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no really don't have the finances
JA: Please give me a bit more information, so we can help you best.
Customer: What are you needing
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: no not at all I'm the owner of the home my dad lived there until he was hospitalized and my brother resides in the shed which is in the backyard. Need to sell home and he wont leave. He has locked and put a chain on the gate
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and connect you two.
Customer: preventing me from entering
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

It is important to know that in CA it is not necessary to actually have a lease agreement, or even pay rent, in order to have legal rights of a tenant. Even if your brother never paid rent, he is deemed to be a lawful "occupant" of the property--and you need to make use of the Unlawful Detainer action to effect the eviction.

You still need to first serve a 30 Day Notice of Termination if he has lived on the property for less than a year, and a 60 day Notice if he has lived there more than a year. The process, after you file the Unlawful Detainer Complaint in the court, from start to finish takes on average 3 to 4 weeks and I’m sorry, but there is no way to expedite it beyond that time frame.

If rent is paid on the first, you can serve the notice at anytime, but it won't be effective (the end of the 30 days) until the end of month following the day you first serve them with the Notice of Termination. Here is a link to the 30 day notice of termination form that you must first serve on them. This form can be easily converted to a 60 day form.

Here are the forms you will need---the Summons and Complaint for Unlawful Detainer, the Default form if they don't file an Answer to the Complaint, and a Judgment form:

Unlawful Detainer Form

Request for Entry of Default

Judgment Form

Default Declaration

Do it Yourself Guide for Evictions

Document to serve on other non-tenant persons staying in the home, if you don’t identify and name them in the Unlawful Detainer Complaint

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good morning,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions for me?


Customer: replied 1 year ago.
Good Evening Doug, so my brother just got arrested and is in jail for stealing. Do we still have to do a 60 day notice
Expert:  LawTalk replied 1 year ago.

Good morning,

I apologize for the delay. By the time you had provided your follow-up question I had left my office for the evening.

You asked: so my brother just got arrested and is in jail for stealing. Do we still have to do a 60 day notice Yes, the fact that the tenant is away on vacation, or away for work, or even has been jailed, does not eliminate your obligation to serve a 60 day notice.

Here are the lawful ways of service under CA law. I would suggest that you use the Post and Mail process.

  • Personal service - To serve you personally, the person serving the notice must hand you the notice (or leave it with you if you refuse to take it). The three-day/30 day/60 day period begins the day after you receive the notice.
  • Substituted service on another person -If the landlord can't find you at home, the landlord should try to serve you personally at work. If the landlord can't find you at home or at work, the landlord can use "substituted service" instead of serving you personally.

    To comply with the rules on substituted service, the person serving the notice must leave the notice with a person of "suitable age and discretion" at your home or work and also mail a copy of the notice to you at home. A person of suitable age and discretion normally would be an adult at your home or workplace, or a teenage member of your household.

    Service of the notice is legally complete when both of these steps have been completed. The three-day period begins the day after both steps have been completed.
  • Posting and mailing - If the landlord can't serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address. (This service method is commonly called "posting and mailing" or "nailing and mailing.")

    Service of the notice is not complete until the copy of the notice has been mailed. The three-day/30 day/60 day period begins the day after the notice was posted and mailed.

Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,


Expert:  LawTalk replied 1 year ago.


Are there any additional questions?