Legal Question in Landlord & Tenant Law in California

Evicting a Relative

My husband and I own a house that we bought from my mother as she was about to lose it in foreclosure. The title and mortgage are both in my husbands name. We made an oral agreement with her that she would pay a portion of the mortgage each month to live there. (We do not live in the house with her) After 5 months she has not paid us any money. We have no written rental lease with her but want to remove her from the premisis and sell the house. What options do we have?


Asked on 11/11/05, 11:07 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Evicting a Relative

You'll have to follow the procedures for evicting a tenant, including a 30- or 60-day written notice, and then an unlawful detainer lawsuit if she doesn't move.

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Answered on 11/11/05, 11:52 pm
Randy Schlosser Law Office of RM Schlosser

Re: Evicting a Relative

Generally oral contracts are valid in California. If she failed to pay rent you may do one of three things; 1. work another deal with her; 2. evict her, 3. allow her to stay for free.

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Answered on 11/15/05, 6:17 pm


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