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How to get brother out of Grandma's house now that she's passed on

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palmtree

Junior Member
California - My brother lived with our grandmother for years and paid no rent to her that we know of (in San Francisco). Our grandmother died in February. The title to the house was put in my father and Aunt's name years before she died. After her death, realtors indicated it would be best to empty the house of all the old furniture, paint the inside and refinish the hardwood floors. Our father told my brother he could paint the inside and refinish the floors, since he paints for a living but is an unlicensed independent. Our father also told him he could live there until the house is sold, rent free, he just has to pay his own utilities. My brother put the utilities in his name.

Months have gone by now and the work our father agreed to isn't finished, and additional work was done without our fathers OK, such as installation of marble tile and countertop in the kitchen. The interior was painted but the job is poor and paint now covers the hardwood floors. My bother has allowed a women and her two children and dog to move in with him and apparently this was her tile they put in the kitchen. The marble tile was a waste of money because the place was so old and needed remodeling anyway. It's like putting gold on tin.

In addition to their so called "improvements", they've pretty much destroyed the home by removing the chandeliers, removing the sink and bathtub in the upstairs bathroom, removed the back deck so the back door in the laundry room now opens to a drop to the concrete below and in the process, damaged the sub flooring of the 1st floor and cracked the shower in the back so there technically there isn't a properly working bath facility in the house.

A month ago the health department sent my father a notice that the yard needed to be cleaned as neighbors complained as no one was picking up after the dog. He paid $600 to clean that mess. $1,200 was owed for utilities so electricity/gas were going to be shut off and my bother told the realtor they'd used candles for light, so my father paid the PG&E bill.

My bother and this woman claim our father owes them $35,000 for the work they've done inside the house. My father wants them out but they won't leave unless paid and they claim they will file a lien on the house. My father broke down and had an agreement drawn up by his attorney which agreed to pay them $31,000 upon sale of the home and gave them $5,000 up front and they had two weeks to move out. Two weeks have gone and they still aren't out.

The agreement is now void, but what can my father legally do to get them out, quickly? My brother has no rental agreement, no contractors license, no agreement for the "improvements". The $5,000 my father paid should be sufficient for the poor interior paint job they did.

The attorney my father consulted wants more money to do an "eviction" which could take months, but he's not technically a renter. Any help or suggestions is appreciated.
 


ENASNI

Senior Member
Whoa

Pretty darned complicated there, bud.

Yes. you could call him a renter in a sense, and an eviction is the only way to go at this point. Sheesh, you need to save that house from any more wear and tear!!

http://www.dca.ca.gov/legal/landlordbook/
Either get your lawyer to start the process, or serve him with a 30 or 60 day notice of termination to get the ball rolling.

If he has been there >1 year 60 days <1 30 days.

Good Luck!
 

palmtree

Junior Member
Thanks for your reply. I guess I expected that answer.

What could my brother do if our father just locks him out? My brother has no money to hire an attorney.

Or, if our father let's the realtor list and start showing the house while he's living there, when the sale goes into escrow, wouldn't he have to move or be removed by local authorities? I guess our father would have to file the 30 or 60 day notice of termination first. Is this correct?
 

ENASNI

Senior Member
hmm

palmtree said:
Thanks for your reply. I guess I expected that answer.

What could my brother do if our father just locks him out? My brother has no money to hire an attorney.

Or, if our father let's the realtor list and start showing the house while he's living there, when the sale goes into escrow, wouldn't he have to move or be removed by local authorities? I guess our father would have to file the 30 or 60 day notice of termination first. Is this correct?
You are going to have to treat him as a renter. You will have to give him notice that realtors are going to be coming in. You will have to give notice of the escrow and sale of the house if it happens before the 60 day notice ends ( something tells me that he is not going to leave without this going to the courts) California evictions can go pretty quickly. If you had a "lease" you could have served him a 3 day for a breach or something. Or even the lawyer might say you can give him a 3 day to quit for non-paying of rent. but that is a reach. read the landlord tenant handbook link I gave you. You need to make sure you cross all your "T's" and dot all your "I's" so you can look good for the judge.
Good luck.


ps. I know that handbook reads from the tenants point of view but it can lead you to Google other sites as well.

E.
 

fairlight

Member
It's illegal to lock someone out. Even a known drug dealer has to be served legal papers before they can be evicted.
 

south

Senior Member
He is classed as a renter time to roll out Ye Ole Guillotine, start the eviction process.

Your Quote: 'which agreed to pay them $31,000 upon sale of the home and gave them $5,000 up front and they had two weeks to move out. Two weeks have gone and they still aren't out'

I hasten to add you should contest as being put under duress at the time you agreed to it and the fact that he never moved as agreed within the 2 week time frame thus going back on his part of the agreement which cancels the $31K agreement that was only available if he moves out in 2 weeks.
P.S If that works for you he also owes you the 5K back.





palmtree said:
Thanks for your reply. I guess I expected that answer.

What could my brother do if our father just locks him out? My brother has no money to hire an attorney.

Or, if our father let's the realtor list and start showing the house while he's living there, when the sale goes into escrow, wouldn't he have to move or be removed by local authorities? I guess our father would have to file the 30 or 60 day notice of termination first. Is this correct?
 
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