Legal Question in Landlord & Tenant Law in California

my friend is trying to make a tenant? move out of the back of his property. he moved his motorhome back there and has been running a motorcycle repair shop out of it. the property is not coded to have a motorhome with a person living there. my friend has to leave to go to the philipines in a couple days tho and he wants me to do all the paperwork and evict him from the property. what is the easiest way to go about this and what legal documents do i need fromn my friend so that i can represent him in court?


Asked on 7/08/11, 8:48 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

You'll be acting as the owner's agent for purposes of the eviction. Then you'll need to determine if the property is rent-controlled, and if the rental is governed by a written or oral agreement. Is it a single-family house with a garage converted into an apartment? If so, there's a big discussion that needs to take place with an attorney. If there is no garage conversion and the tenant just parked a motorhome there and is operating a business, you'll need to commence an eviction based on "use restrictions." You'll need to serve the tenant with a 30 day notice to quit, or a 60 day notice to quit if he's lived there for more than 12 months. You may even be able to serve a 3-day Notice to Quit if the circumstances are proper. These are just a few of the many considerations that need to be addressed relating to your situation. You need to speak with an attorney for help. It's not expensive. Good Luck........P

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Answered on 7/08/11, 9:15 am

Mr. Iadevia's answer is basically correct. I would just add that you cannot represent your friend in court unless you are a licensed California attorney. To represent your friend in dealing with the attorney, you will need a power of attorney.

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Answered on 7/08/11, 12:24 pm


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