Evicting An Adult Child In CA

[Excelsius]

What is the name of your state (only U.S. law)? CA

LA County. A mother has a daughter who's over 21. She has not been working for over a year, has not been following the rules set out by the mother, partying all night, driving without a license, etc. The daughter does not contribute to rent or utilities. Never has. The mother is finally fed up and wants to kick the daughter out, but apparently there are some laws requiring a 30 day eviction notice because she resides at the residence (the residence is an apartment rented by the mother). So the question is what is the fastest way to kick out the "child"? Is eviction notice really necessary even though she does not pay rent or contribute in any way? If so, then can she just keep coming home, use the utilities, go out and party, and do whatever she wants until those 30 days are up? Just doesn't sound right to me.

Anyway, I would appreciate that the responses include a reference to the specific penal or civil code. Also, if an eviction notice is the only way to go, is there a good guide on how to draft such a notice and how to have it served formally?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? CA

LA County.

So the question is what is the fastest way to kick out the "child"? Is eviction notice really necessary even though she does not pay rent or contribute in any way?

Yes. Unless she wants to risk a lawsuit.

If so, then can she just keep coming home, use the utilities, go out and party, and do whatever she wants until those 30 days are up? Just doesn't sound right to me.

Sorry, everybody has rights.

Anyway, I would appreciate that the responses include a reference to the specific penal or civil code.

Sure...

California Tenants - California Department of Consumer Affairs


Overview of the eviction process

If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.



An unlawful detainer lawsuit is a "summary" court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord's complaint.263 Normally, a judge will hear and decide the case within 20 days after the tenant files an answer.264

The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction. The landlord must use the court procedures.

If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.265

In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees). The landlord also may have to pay the tenant's attorney's fees, if the rental agreement contains an attorney's fee clause and if the tenant was represented by an attorney.266

If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

The court also may award the landlord any unpaid rent if the eviction is based on the tenant's failure to pay rent. The court also may award the landlord damages, court costs, and attorney's fees (if the rental agreement or lease contains an attorney's fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty.267 The judgment against the tenant will be reported on the tenant's credit report for seven years.268

Also note...

A landlord can end a periodic tenancy(for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days' advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.181 However, the landlord can give you 30 days' advance written notice in either of the following situations:

Any tenant or resident has lived in the rental unit less than one year;182



The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice (see "Thirty-Day or Sixty-Day Notice"). The landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under "Proper Service of Notices".182b

Note: In the circumstances described in the Three Day Notice section, the landlord can give the tenant just three days' advance written notice.

If you receive a 30-day or 60-day notice, you must leave the rental unit by the end of the thirtieth or sixtieth day after the date on which the landlord served the notice (see How to respond to a thirty-day or sixty-day notice)

For example, if the landlord served a 60-day notice on July 16, you would begin counting the 60 days on July 17, and the 60-day period would end on September 14. If September 14 falls on a weekday, you would have to leave on or before that date. However, if the end of the 60-day period falls on a Saturday, you would not have to leave until the following Monday, because Saturdays and Sundays are legal holidays. Other legal holidays also extend the notice period.182c
If you don't move by the end of the notice period, the landlord can file an unlawful detainer lawsuit to evict you (see The Eviction Process).

California Tenants - California Department of Consumer Affairs

You should probably look it over yourself.

Landlord/Tenant Book Index - California Department of Consumer Affairs

Also, if an eviction notice is the only way to go, is there a good guide on how to draft such a notice and how to have it served formally?

Read the website I just gave you because the daughter gets 60 days.

 

[Excelsius]

What is the name of your state (only U.S. law)? CA

LA County.

Yes. Unless she wants to risk a lawsuit.



Sorry, everybody has rights.




Sure...




Also note...






You should probably look it over yourself.

Landlord/Tenant Book Index - California Department of Consumer Affairs








Read the website I just gave you because the daughter gets 60 days.

I really appreciate your detailed response. One thing that is not clear to me: according to that website, "tenant" is someone who has a rental agreement with the landlord. If the mother is the only one who has an agreement with the landlord, is the daughter still considered to be a tenant? I have not been able to find any sections giving rights to individuals who do not pay rent/utilities and do not have a rental agreement. So if the daughter has any tenancy rights, there must be a section granting those rights to her.

One question I had is this: the daughter does not look at her mail. Does this affect serving her by certified mail? If that's ok, then great. If not, then other options are going to be necessary. I saw that it is possible to personally serve the person. However, I am not sure on the limitations here. For example, when you're serving the court with proof of service, the person serving must be unrelated to the person who is submitting the papers. In this case, can the mother directly serve the daughter the paper if certified mail is not ok? I guess some sort of a signature must be required of the daughter to prove that she was indeed served. Posting the notice on her bedroom door is another option, but again, I am not sure how you can prove she was served.

 

[Banned_Princess]

I really appreciate your detailed response. One thing that is not clear to me: according to that website, "tenant" is someone who has a rental agreement with the landlord. If the mother is the only one who has an agreement with the landlord, is the daughter still considered to be a tenant? I have not been able to find any sections giving rights to individuals who do not pay rent/utilities and do not have a rental agreement. So if the daughter has any tenancy rights, there must be a section granting those rights to her.

One question I had is this: the daughter does not look at her mail. Does this affect serving her by certified mail? If that's ok, then great. If not, then other options are going to be necessary. I saw that it is possible to personally serve the person. However, I am not sure on the limitations here. For example, when you're serving the court with proof of service, the person serving must be unrelated to the person who is submitting the papers. In this case, can the mother directly serve the daughter the paper if certified mail is not ok? I guess some sort of a signature must be required of the daughter to prove that she was indeed served. Posting the notice on her bedroom door is another option, but again, I am not sure how you can prove she was served.

To be honest, I am looking further into this ... and I'm going to need a day or two.. Please be patient, I need an answer from the higher ups here...


HAppy new year for now.



Who told you that you needed to give the 30 day notice, before you came here?

 

[Excelsius]

Also, take a look at this:

Three-day notice

A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:252

* Failed to pay the rent.
* Violated any provision of the lease or rental agreement.
* Materially damaged the rental property ("committed waste").
* Substantially interfered with other tenants ("committed a nuisance").

She has done all of the above.

 

[Excelsius]

To be honest, I am looking further into this ... and I'm going to need a day or two.. Please be patient, I need an answer from the higher ups here...


HAppy new year for now.



Who told you that you needed to give the 30 day notice, before you came here?

RE: 30 day notice - I basically read about it online and interestingly enough, the police department also claims that it is 30 days. However, I am not so confident that a police officer is familiar with the nuances of the law.

I really want to help the mother as the situation is out of control. So far I have tried to avoid paying an attorney, but I guess if this turns out to be such a gray area, maybe I'll recommend paying for an attorney for a consultation.

 

[Banned_Princess]

It is alittle gray, and really I need to look into it more...

Yea, cops, lol, they might be just spewing the regular garbage they tell everybody.


Give me a day, I will have a definate answer for you, I want to look further into this.

 

[Excelsius]

It is alittle gray, and really I need to look into it more...

Yea, cops, lol, they might be just spewing the regular garbage they tell everybody.


Give me a day, I will have a definate answer for you, I want to look further into this.

Thanks so much, BP.

 

[ecmst12]

Failure to pay rent is irrelevent since daughter never AGREED to pay mom rent. However, if she is damaging the apartment, a 3 day notice could be appropriate. But it would be a "cure or quit" notice, so if she stopped causing the damage, she would not have to move.

Otherwise, a 60 day notice would be required. Send by cert mail and post on the door. Take a picture of it.

 

[Banned_Princess]

I have been struggling over this question, due to something I read on another website. But since I cannot validate its contents, I am not going to suggest it.


I have decided, better safe then sorry, and take a picture of the notice posted to her door, and I bet you can get a picture of her getting it off the door.


Use a colored paper.


Also mail a copy to the house. This service is called "nail and mail"

If she is causing destruction to the property, the 3 day notice will speed the process up.

 

[>Charlotte<]

Yea, cops, lol, they might be just spewing the regular garbage they tell everybody.

Or they might actually know a little something about the laws they enforce.

 

[Banned_Princess]

Or they might actually know a little something about the laws they enforce.

True, they might.. but then they should be telling her that the notice needs to be 60 days.

They were right in that they cannot come remove her, and they were right it is civil... its just the notice is 60 days.


no disrespect meant to hard working police officers I assure you.

 

[Excelsius]

An update: I got a response from a lawyer and he said that since the daughter is not in the contract and does not pay rent but rather lives there by the permission of the owner, she's considered to be "tenant at will." That means that instead of 60 days, she only needs a 30 day notice. A 3 day notice is not applicable as she's not a contractual tenant, but she can be out within a week by a restraining order if she's acting violently.

By the way, here is a great, reliable resource: California Courts: Self-Help Center: More Topics: Landlord/Tenant

 

[ecmst12]

Tenants at will who have lived in the dwelling for more then one year are entitled to SIXTY days notice in CA, not 30. Whatever lawyer you talked to is an idiot. You've already been provided with the references.