Legal Question in Family Law in California
LA County. A mother has a daughter who's over 21. She has not been working for over a year, has not been following the rules set out by the mother, parties all night regularly, drives without a license or insurance, etc. The daughter does not contribute to rent or utilities. Never has. Mother wants to kick out the child until she is willing to abide by the rules - she is on a dangerous criminal path. Father is deceased. What is the recourse for the mother?
Additional information: Some suggested that the daughter is a tenant and as such cannot be kicked out unless there is a 60 day formal eviction notice. However, is the daughter really tenant? She does not pay rent or utilities. Furthermore, even if the daughter IS considered to be a tenant, there is the option of three day notice to evict if the tenant 1.Does not pay rent, or 2.Damages the property, or 3.Disturbs the peace. The daughter has done all three of these. As such, can't the daughter be kicked out right away even if she IS considered to be a tenant?
I would appreciate that the responses include a reference to the specific penal and/or civil codes. Also, if a 60-day eviction notice is the only way to go, is there a good guide on how to draft such a notice and how to have it served formally?
1 Answer from Attorneys
The daughter is considered a "tenant at will" meaning she is not a tenant by a contract whereby she pays rent, but at the permission of the owner. A tenancy at will may be terminated upon 30 days notice in writing. Also, because she is a family member and is acting violently, you may also be able to get a restraining order whereby you could have her out within the week. A 3 day notice only applies to contractural tenancies, which you do not have. If you just kick her out, she can call the sheriff and the sheriff will tell you to let her back in.
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