Legal Question in Landlord & Tenant Law in California

My mom has 2 rentals in California, she has been sick the past 2 years and her rentals have been empty. She recently asked me to get the rentals ready to rent again. I went to one of rentals and someone is living there and has utilities turned on in their name. What should be the course of action. My mother had no knowledge of these people being their and never had a agreement/contract with them to live there? Do i have to evict them as regular tenants or can i have them removed for trespassing/breaking and entering?

Thanks for your time and advice!!


Asked on 4/07/10, 9:23 am

1 Answer from Attorneys

You can have them removed for trespass and breaking and entering. They may, however, contend they are there under some right. If so, the police will conclude it is a civil matter. At that point you will have to evict them. You don't give a 3-day notice to pay rent or quit, though, since they are not renters. You give them a 3-day notice to vacate, and then follow it up with an unlawful detainer action.

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Answered on 4/12/10, 10:26 am


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