Legal Question in Landlord & Tenant Law in California

Evicting my deadbeat brother

My husband and I let my brother and his son move in with us after he was evicted. That was 2 and a half years ago. We finally told him that he had to go and he said that we would have to evict him. The next evening, he threatened us with ''I'm gonna X#$% you up.'' When I asked who he meant, he said, ''Both of you!'' I suspect that my toothbrush was violated that night also. The next evening, I took my nephew to his mom's house and locked the doors because we were afraid of what my brother might do. Although we did manage to keep him out, he busted the door frame out and we can no longer lock our back door. The next day, we discovered that he had gotten down a powerful pellet gun that normally is stored up high for his son's safety. I put a 3 day to quit notice on the garage and the 3 days are up tonight at midnight? What can he legally do? All of his clothes and personal items were removed from his room by his future roommate and/or my sister. I need to know what my rights are.


Asked on 3/21/06, 3:21 pm

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

Re: Evicting my deadbeat brother

If you're in California you first call the police and have him arrested for vandalism. Then you serve him a 30 day notice to vacate. Once the 30 days are up, you have the police remove him as a trespasser. You do not need to file a lawsuit to evict him.

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Answered on 3/21/06, 8:41 pm


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