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How to Evict a Family Member in California
Removing a family member from a home can be difficult. In California, a specific legal process must be followed to evict a relative who refuses to leave. Navigating the law and completing the required steps properly are key to successfully regaining possession of a property. While challenging emotionally, adhering to California's landlord-tenant laws can help someone legally reclaim his or her home.
Notice to Vacate
The first step is to provide proper written notice to the family member who is being asked to leave. For a family member who has lived in the home for less than a year, he or she needs to receive a 30-day notice to vacate. For a family member who has lived in the home for a year or more, a 60-day notice is required by California law.
The notice to vacate should be typed and include key details such as the property's address, the name of the family member being evicted, and the exact date he or she needs to be out.
The notice should also explicitly state that the family member must vacate the premises and remove all of his or her belongings by the date given. A copy of the notice should be kept by the person issuing it.
Serving the Notice
California has very specific rules regarding properly serving the notice to vacate. The notice can be delivered in person or by certified mail with a requested return receipt.
If serving in person, an adult over age 18 who is not involved in the eviction may deliver the notice. Either handing the notice directly to the family member or leaving it on his or her bedroom door is proper personal service.
If the family member cannot be found at home, then the notice can be left with another responsible resident age 18 or older at the home.
For certified mail, the return receipt should be kept as proof of service.
Waiting Period
Once the notice to vacate has been served, a waiting period occurs before the family member is required to leave. As mentioned, this is either 30 or 60 days, depending on how long he or she has lived in the home. Any attempt by the family member to damage the home or its contents during this period should be documented (and the police called if necessary).
Unlawful Detainer Complaint
If the family member has yet to vacate the premises by the deadline given on the notice, then the next step is to file an unlawful detainer complaint with the superior (trial) court in the appropriate county (usually where the home is located). The family member being evicted must be legally served with the complaint.
Court Hearing
The family member may choose to challenge the unlawful detainer complaint. If this happens, the court will schedule a hearing to listen to arguments from both sides.
The person pursuing the eviction must bring documentation to prove his or her case, such as the the notice to vacate, receipts, etc. Pictures of damage or disruptive behavior by the family member can also help support the eviction case.
If the court agrees that the family member should be evicted, then it will issue a writ of possession granting the person asking for the eviciton the legal right to reclaim the property and have the family member removed. The judge may also award back rent or other compensation if applicable.
Removal by Sheriff
With a writ of possession in hand, the evictor can seek the assistance of law enforcement to forcibly remove the family member if he or she still refuses to leave. An officer will visit the home and order the family member to vacate immediately or be subject to arrest for trespassing. The sheriff can return with a locksmith to change the locks if needed. Any belongings left behind by the evicted person can be disposed of or stored at his or her expense.
Staying Safe
Evicting a family member raises safety concerns, given the emotional relationships involved. It is wise for another responsible adult to be present during this process when interacting with the family member.
If the person being evicted becomes threatening or violent, 9-1-1 should be called immediately. A restraining order from the court is also an option if there is reason to believe the family member may retaliate or return to the home after being removed.
Bottom Line
The bottom line is evicting a family in California is not easy. Evicting anyone anywhere is not easy, even for landlords with solid legal grounds. It is a complicated, contentious and often costly endeavor.
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Ask a California Eviction Law Question, Get an Answer ASAP!
If, though, it is time to evict a family member, then it is a good idea to talk to an experienced California eviction lawyer before proceeding. One small misstep could mean that the obnoxious family might never leave.
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