Brentwood, CA asked in Family Law and Landlord - Tenant for California

Q: I have guests that's lived here for 20 +years .they nevered pay rent or utility's what do I have to do to get them out

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, to remove guests who have lived in your property for over 20 years without paying rent or utilities, you need to understand they may be considered "tenants at will" or long-term occupants, which affords them certain rights. The first step is to give them a written notice to vacate, typically providing 60 days if they've lived there for over a year. This notice should be legally compliant, clearly stating the intention for them to leave.

If they do not vacate after the notice period, you may need to file an unlawful detainer lawsuit, commonly referred to as an eviction lawsuit. This process involves going to court and proving your case, after which a judge may issue an order for their eviction if you prevail. It's important to follow all legal procedures accurately to avoid delays.

Given the complexity and potential for legal nuances, especially with occupants of over 20 years, it might be wise to consult with an attorney experienced in landlord-tenant law. They can guide you through the specific steps, represent you in court if necessary, and help ensure that your actions are legally sound. Remember, taking any illegal steps to evict, such as changing locks or shutting off utilities, can lead to legal repercussions against you.

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