Legal Question in Landlord & Tenant Law in California

My Mother I lived together along with my 26 year old nephew. The nephew refused to pay rent, was abusive, etc. We rent the home. About a month ago the nephew moved out. He came back on a couple of occaisions to retrieve possessions but I have not seen him for over two weeks. He keeps the rooms locked up and still has some of of his stuff in them. My mother passed and I will be renting the home. I want access to the rooms and the furniture. What can I do and do quickly to gain control of that part of my home?


Asked on 4/21/13, 9:38 am

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

I recommend that you consult with a housing law attorney. Your nephew may need to be served with a formal eviction notice for non-payment of rent or simply a 30 day notice terminating his tenancy and directing him to make arrangements to remove all of his personal property from the house at the conclusion of the 30-day period. You should review California Civil Code Sec. 1981 et seq which describes how to legally have property declared abandoned. Another alternative may be to attempt to use a community-based mediation service (your nephew would need to agree to this) to negotiate a surrender of any property interests on the part of your nephew and to arrange a time line for him to remove all of his personal belongings from your home. Good luck with this.

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Answered on 4/21/13, 12:22 pm


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