Legal Question in Real Estate Law in California

22 year old son refuses to move out of my home

My son is 22 years old. To simplify he got a felenoy arrest while he was drunk, lost his job, and asked if he could move back in for a couple of months. I said I would help him out but he would have to go by my rules which included no drinking and $250 per month to cover food, utilities ,and supplies. He has continued with his drinking problem and is not keeping up on his payment. I have a very limited income and cannot afford to support him. at the end of April I told him he would have to be out by the end of May. Because in the past he had made comments about it would take 30 days to get an eviction I asked him in front of my wife and others if I would need an eviction notice.he said no he would find a place to stay without one. This morning he again came in drunk and told me he was not moving out unless I showed him a notice in writing. Do I have a legal right to just have him removed from the house or do I need to start an eviction? I do not want to start an ugly battle by calling the police untill I know my rights. I live in San Diego California and I am the legal home owner.

thank you in advance for any advice for any advice

Ken


Asked on 5/19/02, 12:39 pm

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: 22 year old son refuses to move out of my home

You'll have to serve yur son with a three day notice to pay rent or quit. Then when he doesn't comply you'll need to serve him with a Summons AdnComplaint in Unlawful Detainer. He'll have five days to answer. Then you either default him (he doesn't answer) or you set the matter for trial (he answers). After the default hearing or trial. The clerk will prepare the writ and the marshal will serve the five day notice to vacate.

Read more
Answered on 5/19/02, 2:29 pm
Larry Rothman Larry Rothman & Associates

Re: 22 year old son refuses to move out of my home

You will have to start by giving an eviction notice and proceeding with an unlawful detainer (eviction) action. If you contact our office, we will provide you with free consultation. We can also quote a fee if you want us to handle the eviction.

Read more
Answered on 5/19/02, 3:54 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California