If the brother told you that he was acting for his brother, his brother has moved out, and "here are the house keys," or something similar, I would think that you have regained possession of the property manifested by the surrender of what was thought to be the house keys. Can you confirm with the former tenant -- perhaps by e-mail -- that that was his intent and that his brother was acting for him, just to nail it down in writing?

Ypu might also want to look up and read two sections of the California Civil Code dealing with a landlord's rights when a tenant breaches the lease and abandons the property -- sections 1951.2 and 1951.3. They are a little too long to write out and post here, but may have some helpful provisions to follow if, for example, the tenant has left personal belongings in the house.

I would go through belief of abandonment procedures by the book - let me know if you want help.

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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