Legal Question in Landlord & Tenant Law in California

We are in probate over my aunt's estate, she died with no will and we are next of kin. The issue is that she was having pity on a renter, she has no lease and was letting this girl stay for free. She has not paid rent, ever, we want to evict her, and serve her with a thirty day notice, wich we will soon hopefully. The question I have is one of tenancy. Is she actually a tenant? If she is considered a squater, can we shut off power, etc. My aunt has suffered greatly because of this person, plus she robbed my aunts house after she died, taking family heirlooms etc. I don't have any pity for this renter, but I do want to handle this legally and swiftly, what area's should I be looking at here?


Asked on 4/25/10, 9:26 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

If she was there with your Aunt's permission (which, I don't think you can claim she was not), then you must give her notice. Regardless of how awful she is, if you exercise any sort of "self-help" by turning off utilities or locking her out, you will very likely be sued by her and end up owing her money. If she lived there more than 1 year, give her a sixty day notice. If she was there less than one year, give her a thirty day notice. Better safe than sorry.

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Answered on 5/03/10, 11:57 am


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