Legal Question in Landlord & Tenant Law in California

Eviction of Tenants

It's a complicated situation. My father and I live in our home. This is my legal address and has been since birth. While I was away one weekend he let 4 people move in. They are damaging the property, are creating a legal nuisance, and are using drugs, stealing from me, as well as not abiding by rules. Can I evict them? Can anyone on property deed evict them? He is unwilling to do so because they are ''his friends.'' The drug use is also detrimental to his life, if the property were to be searched. How I can remove them from the home? My brother is on deed, lives on property, but at other home on property, can he evict them? Please, please I need assistance desperately.


Asked on 4/21/06, 7:04 pm

1 Answer from Attorneys
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Eviction of Tenants

You left out the most important fact: Is your father on the deed?

If so, he has just as much right to be there as you. To get rid of him, you would likely sue to partition (i.e. sell and divide profits) the property.

If he's not on the deed, then you can evict him. The question will be what type of tenancy is in place. If there is not written agreement, then he likely is a month to month renter. If this is not rent control, you can likely evict upon 30 days notice. The "friends" will likely be subject to the same rules.

Evictions can be complicated. You should seek out the advice of a competent landlord attorney.

Good luck.

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Answered on 4/21/06, 7:10 pm


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