Evicting a family member can be a difficult and stressful situation, especially when it comes to doing it in the state of California. The legal process of evicting a family member can be complex, and it’s important to have an understanding of the laws and regulations that govern this type of eviction. In this guide, we’ll provide an overview of the legal process for evicting a family member in California, including the steps involved, the documents you’ll need, and the rights of both the tenant and the landlord. We’ll also discuss the potential risks and liabilities associated with evicting a family member in California, so you can be sure you’re making the best decision for yourself and your family. By the end of this guide, you’ll have a clear understanding of the legal process for evicting a family member in California.
How To Evict A Family Member In California?
30-Day Notice
30-Day Notice can also be used to evict a family member who is occupying a room in the property as a subtenant. A subtenant is a person who has a written agreement with the primary tenant to live in the property; however, they do not have any legal rights to the property. A 30-Day Notice can also be used to evict a family member who is occupying the property as a lodger. A lodger is a person who pays rent but does not have a written agreement with the homeowner.
60-Day Notice
Another legal way to evict a family member in California is by using a 60-Day Notice to Quit. A 60-Day Notice to Quit is a document that is typically served to a tenant and informs them that they have 60 days to vacate the property. A 60-Day Notice can be used to evict any tenant in a rental property, including a family member. However, a 60-Day Notice is usually not sufficient to evict a family member unless the family member is occupying the property as a subtenant or lodger. At times, a landlord may choose to use a 60-Day Notice to evict a family member who is occupying the property as a tenant, but this is a complex process and may require assistance from a lawyer. This is because in order to evict a family member who is a tenant, the landlord must first establish that the family member is an occupant and not a tenant.
Three-Day Notice
The third legal way to evict a family member in California is by using a three-day notice to quit. A three-day notice to quit is a document that is typically served to a subtenant and informs them that they have three days to vacate the property. A three-day notice to quit can be used to evict any subtenant in a rental property, but it cannot be used to evict a lodger. However, a three-day notice to quit may not be sufficient to evict a family member who is a subtenant, especially if the subtenant has a written agreement with the primary tenant to remain on the property. For example, a three-day notice to quit may not be sufficient to evict a family member who has written permission from the landlord to sublet the property. In this case, a landlord may need to use a 30-Day Notice to evict the subtenant.
Lease Termination
Another legal way to evict a family member in California is by using a lease termination. A lease termination is a document that is typically served to a tenant and informs them that their lease is being terminated. A lease termination can be used to evict any tenant in a rental property, including a family member. However, a lease termination is generally only sufficient to evict a family member who is a tenant if their lease has expired. A lease termination is not sufficient to evict a family member who is a tenant with a written lease agreement. A landlord who wants to evict a family member with a written lease agreement may need to use a 30-Day Notice to terminate the lease and a 60-Day Notice to evict the family member.
Court Order
Finally, the fifth legal way to evict a family member in California is by filing a court order. A court order is a document that a landlord, property manager, or homeowner files with the court to request an eviction. Once the court issues the order, it will be served to the family member who must then be out of the property within the deadline specified in the court order. A court order can be used to evict any family member in a rental property, including a lodger. A court order is generally sufficient to evict any family member, regardless of whether they are a tenant or subtenant.
Documents Needed For The Eviction
- The documents you’ll need during the eviction process will vary depending on the reason for the eviction. Below are some of the most common documents you’ll need when evicting a family member in California:
- 3-Day Notice to Pay Rent or Quit – This notice is required before you can proceed with an eviction on a tenant who has failed to pay the rent. You’ll need to provide this notice to the family member, even if they’re paying the rent with you. It’s important that you use a 3-Day Notice to Pay Rent or Quit for family members, as opposed to a 30-Day Notice to Quit. The latter is used for non-relative tenants who fail to pay rent, but California law requires that landlords provide a 3-Day Notice to Pay Rent or Quit to family members. –
- 30-Day Notice to Quit – This notice is required for non-relative tenants who are breaching the terms of the lease.
- 30-Day Unconditional Quit Notice – This notice is required for family members who are committing serious lease violations, such as threatening other tenants on the property.
Rights Of The Tenant And Landlord During The Eviction
- During the eviction process, both you and the tenant have rights and responsibilities, so it’s important to understand what each party is entitled to. Below are some of the most common rights and responsibilities of landlords and tenants during the eviction process in California:
- Time Frame for the Eviction Process – The amount of time you have to complete the eviction process will depend on the reason for the eviction. If you’re evicting a non-relative tenant for failing to pay the rent, you have 3 days to complete the eviction process once you serve the tenant with a 30-Day Notice to Quit.
- Once you’ve followed these steps, you’ll need to wait an additional 7 days before proceeding with an eviction. If you’re evicting a non-relative tenant for breaching the lease, you have 10 days to complete the eviction process once you serve the tenant with a 30-Day Notice to Quit. Once you’ve followed these steps, you’ll need to wait an additional 20 days before proceeding with an eviction.
- If you’re evicting a family member for failing to pay the rent or breaching the lease, you have 30 days to complete the eviction process once you serve the tenant with a 30-Day Notice to Quit. Once you’ve followed these steps, you’ll need to wait an additional 60 days before proceeding with an eviction.
- If you’re evicting a family member for committing a serious lease violation, you have 10 days to complete the eviction process once you serve the tenant with a 30-Day Notice to Quit. Once you’ve followed these steps, you’ll need to wait an additional 20 days before proceeding with an eviction.
- Service of the Notice – You’ll need to serve the tenant with the eviction notice at a specific address, and you’ll need to make sure you serve them properly. If the tenant is a family member, you have the option of serving the notice at your family’s residence, or you can serve them at their own residence. It’s important to follow the rules regarding service of the notice, so the tenant knows when they need to vacate the property. You can use Nail It! to help you properly serve the notice.
Potential Risks And Liabilities Of Evicting A Family Member In California
- There are a few potential risks and liabilities associated with evicting a family member. Before you begin the process, it’s important to consider these things and make sure you’re making the right decision for your family and your property. Below are some of the most common risks and liabilities of evicting a family member in California:
- Family Members May Sue for Discrimination – Family members may decide to sue you for discriminating against them based on familial status.
- If you’re evicting a family member, you’ll need to follow the same process you would for any other tenant. However, if you were to treat family members differently in any way during the process, you could open yourself up to a discrimination suit. It’s important to proceed with the eviction process in a fair and consistent manner, regardless of whether the tenant is a relative or not.
Conclusion
Evicting a family member is a complicated process, and it’s not always the right choice for everyone. However, if you feel that you have no other choice but to evict your family member, it’s important to know your rights and responsibilities as a landlord in California. If you have any questions about evicting a family member or want to learn more about our services, contact Nail It! today.
