Los Angeles, CA asked in Landlord - Tenant for California

Q: How can my mother evict our brother?

Hi my mom is the Head of Household in the home that she rents but is not the home owner. Her brother has been living with us for many years but has never been on the lease. My mom wants him to leave as he has done many things that have gone against her rules. How can we get him to leave?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: If your mother is renting the home your brother is a sub-tenant and she is in the position of a Landlord to him. A LL evicts a tenant by giving them a written notice, either a 3 day notice to pay rent or quit: or a 3 day notice to quit for violating terms of his rental (but there is no written agreement), or a 30 day notice to terminate his tenancy. After that, if he has not moved out, she can file an Unlawful Detainer in Court to get him evicted by the Sheriff.

Best if you get legal advice from a local Landlord/ Tenant Attorney.

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