How do you evict a family member who has threatened you?

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How do you evict a family member who has threatened you?

My grandfather and grandmother allowed their son as well as his family to stay temporarily in a vacation home they have in CA until the son found a job. 10 years later he still has no job and my grandfather now wants to sell the house and add it to his Will because his wife, my grandmother, recently passed away. My grandfather has received various threatening emails from his son as well as the son’s kids about being evicted. What can he do about kicking them out of the place? The son was never given a deed and is therefore still under my grandfather’s name. What steps need to be taken regarding eviction?

Asked on September 29, 2010 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best thing for your grandfather to do is to hire an attorney in California to take care of the matter for him.  The laws surrounding eviction proceedings are very particular.  They include notices and service and if they are procedurally defective on any of these matters then the entire proceeding can be thrown out.  What will happen is that the attorney will prepare a 30 day notice to evict or maybe even a notice of lesser amount of time should the California law allow it considering that there is no lease agreement.  That notice will be served according to the procedural law in the state.  When the time given to leave has passed and he and his family have not left, an action for ejectment will be started.  Make sure that each and every person living in that house is listed on all notices and proceedings.  If the threats keep coming get an order of protection and alert the police both in California and in Colorado.  Good luck.  


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