Legal Question in Landlord & Tenant Law in California

I own my own home and i recently got engaged my question is since i have been with my now fiance for 2 years my 19 year old daughter has taunted and threatened to hurt my fiance. She has also harmed myself and caused injury to my head. The police have been called several times on her and all they tell me is to serve her two 3 day notice since i have already served her a 30 day before that. She refuse to leave my home as states that i can't do this to her. Can I just put her belongings on the curb and change the locks since there was never a written or oral agreement on rent. And if so can I call the police on her for tresspassing if she comes back into my home? Can I just call to have her removed? Or is the unlawful detainer required?


Asked on 7/02/10, 7:00 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

The police will not remove your daughter from the home unless they have grounds to arrest her. This is really a civil matter, and yes, you will almost certainly have to file an unlawful detainer to remove her. Without a court order, based on what you have described, I can tell you that police will be extremely reticent - to the point of not acting on the complaint - to get involved in a family dispute.

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Answered on 7/08/10, 5:00 pm


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