Legal Question in Landlord & Tenant Law in California

My wife and I live in California. We purchased our property from my wife's grandfather in 2006 before he passed away. We have a manufactured home in the front and a mobile home on the side of the property. We live in the front house while a friend of my mother-in-law lives in the mobile home. The friend has lived on the property for a little over 8 years. My wife and I have been deciding for awhile that we want to evict the friend and remove the mobile home from our property. The friend has been very difficult to live with next door. He plays loud music late at night, gets drunk and beligerant around the property and we also suspect he is doing drugs and selling them on our property (although we have no hardcore evidence that would stand up in court.) He's never been asked to pay rent, we have no written or verbal agreement with him. We've never collected rent from him. I've got 3 questions:

1. Would he be considered a "tenant at will?"

2. What type of notice do we need to give him?

3. Do we need a reason to evict him?


Asked on 4/27/10, 11:22 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Regardless of the characterization of the nature of the tenancy, the notice is going to be a sixty day notice to terminate tenancy. After 8 years on the property, it would be difficult to claim that the person living there is not a tenant entitled to notice. No, you do not have to, nor should you give any reason whatsoever. Giving the tenant a reason just opens the door for them to re-characterize the eviction as being retaliatory or for some illegal reason. One final note - be prepared that the tenant might attempt to claim some interest in the property by virtue of a life estate or some other promise from the grandfather to the tenant that he or she could live there until he or she dies. You would be well advised to consult with an attorney before even giving the first notice, as there are a lot of facts that play into the nature of the tenancy and any other claims the tenant might have to remain in possession of the property.

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Answered on 5/03/10, 11:38 am


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