What do we do to evict our son and daughter that are living in our house?

We are the owner/landlord and our son and daughter with 2 grandkids are living in our house. They have been there for several years. The daughter has paid rent but the son has not. They are involved in drugs now and not following rules we set down. We gave them a 30 day written letter to go into a program or leave. They refuse to leave. What are our options now?

Asked on November 4, 2011 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since the daughter has paid rent, she is a tenant and must be evicted as a tenant would be evicted. If there is no written lease, she is on a month-to-month lease and must be given 30 days notice you are terminating her tenancy, which you have apparently done. If she has not moved out, to evict her, you must now commence an eviction action in court by filing a summons and complaint. Assuming you get the judgement to evict her, which you should if provided proper notice, the eviction will then be enforced by a court officer (e.g. constable or sheriff).

If you  son is not paying rent, he is a guest, and is only there by your permission. You may revoke that permission at any time. If you revoke it and he does not leave, he is technically a trespasser. You may be able to get the police to eject him; if they will not (and sometimes they refuse to get involved, even when technically they should), you would similarly file an action to force him to leave. The  proper action against a guest who overstays is likely an ejectment action, which is similar to an eviction (or summary disposses) action, but not quite the same thing.

Since you have two different actions you may have to file, and since both are very

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