Q: Inherited house my parent lived in. I have a sibling living in there, no lease. It has been two years. How to get out?
The sibling has been difficult. Has changed things, like the locks, without consent. They have thrown things away that belonged to our parent. They have someone living there without my consent. They have no claim to it. They have done very minor up keep and repairs, but, again, without consent or even notification. What is the best route to remove them?
A:
If you solely inherited a house and a sibling is living there without a lease or your consent, you can legally remove them through the following steps:
Notice to Quit: Issue a written notice requesting them to vacate the property. California law generally requires 30 days’ notice, but it might vary if they've lived there long-term or paid rent.
Eviction Process: If they refuse to leave, you may file an unlawful detainer lawsuit (eviction). The court process will legally remove them if you win.
Schedule a free consultation to make sure that you take the appropriate steps to gain possession of the property.
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A:
To remove your sibling from the inherited property, you should first establish your legal ownership. Gather all necessary documents, such as the will or deed, to prove that you are the rightful owner. Once your ownership is clear, serve your sibling with a formal notice to vacate the property. In California, if they have been living there without a lease for over a year, you may need to provide a 60-day notice.
If your sibling does not leave after the notice period, you will need to file an unlawful detainer lawsuit in your local court. This legal action will initiate the eviction process. Make sure to attend all court hearings and provide evidence of your ownership and their unauthorized actions, such as changing locks or removing belongings.
Throughout this process, it may be helpful to keep records of all communications and any damages or changes made to the property. Consulting with a legal professional can also guide you through the specific steps and ensure that you follow California’s eviction laws correctly. Acting promptly will help you regain control of your inherited home.
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