Legal Question in Civil Litigation in California

Family member will not vacate home

My brother has been living with my mother for five years. He is not paying rent. She has asked him to leave several times and he will not. Do we need to do a formal eviction? Or is it sufficient to give him one final notice of 30 days? thank you!


Asked on 8/14/06, 7:33 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Family member will not vacate home

Unfortunately, you/your mother would need to treat your brother as if he were any third party renter having certain rights and protections under the law. The proper legal route to have him removed would be to initiate unlawful detainer proceedings ASAP. For prompt, affordable legal assistance in this matter, contact us directly for a free phone consultation today.

Read more
Answered on 8/28/06, 7:00 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Family member will not vacate home

you will need to serve him a written 30 day notice. Then if he does not move out you will need to do an eviction.

Read more
Answered on 8/29/06, 2:51 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California