Legal Question in Landlord & Tenant Law in California
Eviction question
My brother is 22 years old, he has been living with my grandmother since October of 2006. He does not pay rent nor contribute to the household in any helpful or conducive manner, and steals from her. On several occasions he has caused damage to her house, a recent example being that he took a hammer a busted a hole in the screen door. My grandmother has given him until December 1st to move out, but if prior to that date he damages anything in the house he must leave immediately. We have been told that she needs serve him with an eviction notice, however researching this tonight, I am under the assumption these notices are used in an tenant/landlord situation. However, I am unsure if this situation is one where my grandmother would be considered a ''landlord'' and my brother be considered a ''tenant,'' given that he does not pay any form of rent. My question to you is: Is my grandmother in her legal rights as the sole homeowner and household provider to evict/kick out my brother without an eviction notice since she has laid out rules and given him a warning of future repercussions of his actions(leave 12/1/08 or immediately if damage is done to her property)? And also, if you have any other suggestions, please share!
1 Answer from Attorneys
Re: Eviction question
Research "private lodger" instead of tenant. Here is a page from the California Department of Human Affairs.
http://www.dca.ca.gov/publications/landlordbook/whois.shtml
Your grandmother would need a 30 day notice, except if he is damaging the property.. Then a 3 day notice, and notify police that he is a trespasser.
From a practical standpoint, police will ignore the trespasser part, and refuse to carry him out.
Good luck!
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