Legal Question in Landlord & Tenant Law in California

24-Hour Notice of Intent to Enter Premises by Owner

I have inherited our family's home, but the friend/caretaker won't leave and has moved in all of her friends. Never has paid rent. I am also the Executor of my father's Living Trust. I have also inherited ''everything'' in the house, but they won't let me in to remove anything. I served them with an eviction notice on 4-11-06. They are still there and have contested it on 6/6/06. I would like to know if I put a 24 hour notice on the door, what if they still won't let me in or are not at there. Can I bring a locksmith to pick the lock or possibly change the locks? What if they are there and start threatening me again? Yes, my life has been threatened. Can I legally remove all of my family's personal things and furnishings? She has brought nothing into the house, but I am afraid that when the day comes she does move, she'll take everything. I do not live near, so it would be hard for me to watch for this. I am sure that they have already taken a lot of my family's things. I can't seem to get anyone to help me. The law seems to be for them. She's staying there rent free and delaying my plan of fixing and selling the property and is also using my family's furnishing and personal items. That isn't right.


Asked on 6/08/06, 5:21 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: 24-Hour Notice of Intent to Enter Premises by Owner

In order to remove the non-paying tenants, you will have to hire a lawyer knowledgeable about evictions. Especially if you wish to preserve the furnishings and other property in the residence. An eviction action may be commenced and may include an order (injunction) that the furnishings be seized and removed to avoid destruction. It would be an uphill battle to convince a court to remove personal property items prior to a judgment or eviction, but if you could prove conclusively that the tenants would damage them, you may have good grounds.

As far as the action you began on 4/11/06, it does not sound like it was a lawsuit for eviction. Also, I am not sure what is meant by "they contested it." Post some more facts or contact an attorney as soon as possible to explain the situation and begin the steps to remedy your situation. Good luck.

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Answered on 6/08/06, 7:26 pm


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