What form for California

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What form for California

I live in Sacramento, Ca. My daughter came for a few days to be with my husband during his passing. It’s been 2 years but she won’t leave. I just found out she has stolen and sold many of his personal items, including his rifles, which were left to our grandsons for me to give to them when they got older. She uses drugs in my house she’s been addicted to meth since the age of 13 she is now 42 She takes his car never asks. Just noticed the fender is damaged. She lost custody of her 3 children and to get them out of foster care I adopted them. It is not safe or appropriate for her to be here. The police say I just cant kick her out I have to do an at will eviction. I’ve been to 4 libraries to get a book on the proper forms, they said if its not done right it will be thrown out of court but all the books are outdated or checked out. I don’t have the money for a lawyer I live on my husbands SSI. Can someone tell me how to evict her and what forms I need to fill out. When she saw the officers couldnt kick her out she has gotten worst. She feels that she’s untouchable.

Asked on August 22, 2019 under Real Estate Law, California

Answers:

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

Answered 1 year ago | Contributor

In addition to an ejectment, you can also apply for an order of protection to get your daughter removed. If she is subjecting her children to her drug use, the court can order that she be removed from the premises ASAP. At this point, you shoud consult directly with a local attoreny who handles such matters. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It's not an "eviction" per se: you evict tenants. You will instead bring a kind of legal action commonly called an action "for an ejectment"--ejectment is eviction for people who are not rent-paying tenants, like family members. You should be able to get the forms from your country court, either in person or online at their website. You first have to give her written notice, which should be mailed, certified mailed with return receipt requested, and hand delivered to her, which notice gives her at least a full month to vacate. If she doesn't leave by then, they you can file the action.


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