Legal Question in Real Estate Law in California
Roommate/co-owners daughter won't move personal property.
My room mate and I co-own a home on 2 acres. Her 22 year old daughter asked if she could put her horse on our property temporarily. We agreed (nothing in writing), with the stipulation that she take care of horse and NOT use any of our outbuildings to store horse related items. It has only been 1 month and already she has started moving her tack and hay into our shed and she is not caring for the horse. My room mate and I both agree that we want her to move the tack, hay and horse off the property. The daughter just ignores us or becomes verbally abusive when we ask her to move these items. What are our options now!!!
If we give her a written notice to move the things, what do we do if she doesn't? How long do we have to give her to move?
1 Answer from Attorneys
Re: Roommate/co-owners daughter won't move personal property.
It looks to me as though the permission granted the horse owner was a license, and not a rental. A license can be terminated at any time, and continued use of the land by the former licensee becomes a trespass. No eviction is necessary.
Under this analysis, the young lady is a trespasser and the horse, tack and hay are trespassing while they remain on your property. You have the right to take reasonable measures to end the trespass, including removal and storage of the trespassing items at the trespasser's ultimate risk and expense.
However, the caution is that you must act reasonably. This probably includes giving advance notice in writing and taking care of the health and safety of the horse. If things begin to get real difficult or ugly, consult a lawyer. The law is on your side now, but there are possible pitfalls.
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