Legal Question in Real Estate Law in California

Re: eviction

The first approach to family problems is always to negotiate first. Probably no one has been firm enough with Uncle yet.

Uncle probably doesn't have any of the rights of a tenant; a guest whose welcome has run out and who refuses to leave is traditionally a mere trespasser (unless it's a family member for whom one has a support obligation, like parent or child).

Nevertheless, such persons might assert tenants' rights; with this in mind, if a firm request to leave doesn't work, try following landlord eviction procedures (30 day written notice to quit), while always including in the notice a statement that you regard him as a trespasser and not a tenant but are giving him the courtesy of notice.

Many folks will endure quite a bit of coldness and inhospitality rather than pay rent. At some level of firmness they should get the hint and leave voluntarily. At some point you might want to ask the sheriff for assistance. Give plenty of advance notice but stick to your decisions.