How do I evict a family member from my home?

My daughter has lived in a house I own for a number of years. She pays no rent, utilities or make repairs. She refuses to move out so that I can remodel the home and sell or rent it. She will not let repair men or contractors in when I hire them to do work on the house. I need her to move on so I can take care of my property while it still has value. How can I evict her?

Asked on March 31, 2016 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since your daughter has not paid any rent or any form of rent (i.e. utilities), then she is not legally considered to be a tenant. Accordingly, she will be considered to be what some states call a "licensee". This is someone who has been invited to stay on the premises by the lawful owner. Once such permission has been withdrawn, they will still need to be served a notice to vacate. Depending on specific state law, it is typically recieve a 30 day notice. If they fail to vacate within the time stated in the notice, the owner will need to file for an "ejectment" (basically an eviction lawsuit for a non-tenant).
So thisis what you should file. In the meantime, do not take any self-help measures, such as removing your daughter's belongings or changing the locks. If you do, you could find yourself in legal trouble of your own. At this point, you really should consult directly with a local attorney who can best advise you further.


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