Legal Question in Civil Rights Law in California
Rental in CA
How can I remove my son-in-law from my rental, without removing my daughter and 3 grandchildren. I rented the house to my daughter and she signed a month to month agreement - he is not on the agreement and has not paid rent. She moved in 11/10/07. He was to enlist in the Army not move in.She also wants him out.
2 Answers from Attorneys
Re: Rental in CA
Assuming he is the only one there of your family, then serve him a 30 day notice. After that time period, file an Unlawful Detainer.
Re: Rental in CA
If your daughter is divorcing your son-in-law, this is more a family law matter than a landlord-tenant issue. She needs to pursue her remedies via the divorce proceeding.
If he is not on the lease, you could serve him with a 30 day notice (60 day notice if he's lived there more than one year), then after the 30 days or 60 days expires-- and if he hasn't moved out-- you can then file an unlawful detainer action against him.
However, the better way to go about this would be for your daughter to file the necessary request with the court to force him to move out by way of an order related to the divorce or legal separation proceeding.
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