Legal Question in Real Estate Law in California

ejectment of child

I have an adult child that will not leave my home. He dose not pay rent or any other living expenses. I have called the police several times to remove him, But he come back while I am at work. What legal steps can I take to remove him, restraining order from property, evection? I might add he has removed several items totaling in the thousands from my property without permission. Please advise.


Asked on 12/20/01, 10:38 pm

4 Answers from Attorneys

Wayne Smith Wayne V. R. Smith

Re: ejectment of child

You can get a restraining order in California that orders him to stay at least 100 yards or more from your house. He can be arrested for violating that order. You can file a police report on the stolen goods,, and at least try to recover from your insurance carrier on the loss.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

[925] 228-5232

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Answered on 12/21/01, 12:46 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: ejectment of child

He can be evicted just like any other tenant. Give him 30 days written notice that you are ending the tenancy (at will tenant) and file for unlawful detainer if he doesn't move. Call me direct at (619) 222-3504.

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Answered on 12/21/01, 1:23 am
Larry Rothman Larry Rothman & Associates

Re: ejectment of child

I suggest you file for a Restraning Order with the Court. Many Courts have instruction packets and forms that they give for free or for a minimal charge. Should you need any further assistence, please call me.

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Answered on 12/24/01, 2:20 pm
Robert Shaw Law Offices of Robert F. Shaw, Jr.

Re: ejectment of child

Thank you for your inquiry.

You have several options. The best option will likely depend upon the history of your relationship with him, his age, and the terms under which he has been living in your home since he became an adult. You could evict him; you could attempt to acquire a restraining order; you could also file an action for trespass and seek an injunction from the Court to prevent further entry onto your property. There are also claims you have for the conversion of your property. It also sounds like he has violated several criminal statutes. Indeed, the conduct you are describing is serious.

The option you choose will depend on how aggressive you wish to be with your son and what consequences you are willing to impose upon him. Should you need assistance, please contact me personally.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

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Answered on 12/21/01, 12:23 pm


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