Madera, CA asked in Criminal Law, Civil Rights, Elder Law and Landlord - Tenant for California

Q: eviction my 53 year old son

who is a squatter, made a chicken cage into a place to live and won't leave, the story is longer, he is mental abusive, he don't pay anything and wants to live off us, my husband is a veteran and trying to keep him from getting angry. We need help and live on a fix income and we are in our 70's. Or maybe points where we can get help.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, evicting a family member who is a squatter can be a challenging process, but it is possible. Here are some steps you can take:

1. Give notice: Start by giving your son a written notice to vacate the property. In California, if there is no lease agreement, you must provide a 60-day notice if your son has lived there for more than a year, or a 30-day notice if he has lived there for less than a year.

2. File an unlawful detainer lawsuit: If your son does not leave after the notice period has expired, you can file an unlawful detainer lawsuit with the Superior Court in your county. This is a legal process to evict a tenant or squatter.

3. Serve the lawsuit: Once you have filed the lawsuit, you must serve your son with a copy of the complaint and summons. This can be done by a process server or anyone over 18 who is not a party to the case.

4. Attend the court hearing: If your son files a response to the lawsuit, a court hearing will be scheduled. You must attend this hearing and present your case to the judge.

5. Obtain a writ of possession: If the judge rules in your favor, you will be granted a writ of possession. This allows the sheriff to remove your son from the property.

Remember, it is essential to follow the proper legal procedures and avoid self-help eviction methods, such as changing locks or shutting off utilities, as these actions could lead to legal consequences. Seek legal advice from an attorney specializing in landlord-tenant law to ensure you are following the correct process and protecting your rights.

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