If my tenant, died after 9 month into a 1 year lease, can I evict he brother who lived with her?

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If my tenant, died after 9 month into a 1 year lease, can I evict he brother who lived with her?

In the contract she specified that she will leave with her 3 kids and her brother and his friend. Can I evict tenant’s brother or he could stay by end of month, since I get paid for this month. The tenant’s father asked me if the brother could stay in the house for several days. I was agreed but he invites a lot of his friends and they use drugs. I would like to evict them ASAP. All stuff in the house belongs to her 3 kids and her husband (they tried to divorce but it never happened). At this time the brother steals a lot of the tenant’s personal stuff.

Asked on June 13, 2012 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot do anything about the brother stealing his sister's personal belongings. That is a civil matter between the two families. The only exception is if you have absolute proof those were her items and she did not give them to her brother prior to her death, then possibly consider contacting the police. Most state laws allow you to seek immediate eviction without the normal time period or notice requirements if your tenant violates certain laws or poses an immediate danger to the safety of others. Review those statutes in your state (you can seek such information on landlord tenant matters from your state attorney general) and see if there is somethinng you can do to evict. If those individuals are on the lease with her (signed co-tenants or co-signers), you cannot evict them absent these safety issues. If they are not on the lease, they are not in privity of contract with you and you should see if the sheriff can have them leave without notice or if you need to go through the traditional eviction process (again absent those safety exceptions).


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