Legal Question in Real Estate Law in California

I am renting a house to my sister, nephew and brother-in-law. My sister and I were co-owners of house but I am the sole owner of house as of 2 yrs ago. They've only managed to pay me for 5 months during the last 24 months. My sister does not work due to injuries from auto accident.Her husband is irresponsible and has not paid rent even though he is employed. They came within hours of losing home thru foreclosure in 2006. I've paid unpaid fees of over 24K over the last 4 years. This resulted in me changing ownership (legal deed removing sister agreed upon) of house to myself only. My sister and I bought the home several years before she married. Can I ask them to leave even though sister was a co-owner 2 years ago. I would like to get some renters that can pay consistently.


Asked on 1/04/11, 11:25 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Her period of ownership is ony relevant as to any back rent or damages she did while still an owner. Since you are not claiming that period for the three day [failure to pay rent] and 60 days notice [termination by not renewing the lease, assuming it is a month to month tenancy]. She will be a headache to evict so hire an attorney to do it and tell her you can not discuss any of it.

Read more
Answered on 1/09/11, 1:09 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If everything is as you say it is, you can initiate and carry out an eviction proceeding. Start with a notice to pay rent or quit. For wording of notices, etc., get yourself one of those paperback self-help law books on landlord-tenant rights, or how to be a landlord.

I am a little concerned, however, because you write "me changing ownership." You cannot change ownership single-handedly. Your sister would not only have to "agree upon" a deed; she would also have to sign it (preferably before a notary public) and deliver it to you, and thereafter you should have it recorded.

If all you have is an agreement in principle or something of that sort, there has been no change of ownership, your sister is still a co-owner, and entitled to possession without payment of rent, although the rent question is complicated by the presence of the others.

Read more
Answered on 1/09/11, 1:24 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California