Ending a Life Estate and Evicting the Life Tenant

[Ocean Jeff]

My question involves real estate located in the State of: California.
What grounds do I need to terminate a life estate in residence? Only damaging or devaluing the property? Is damage due to an accident grounds for termination, such as they didn't turn off the water before going away for a week and there was a flood? Or does it have to be intentional damage or negligence?
Once grounds have been established, can I evict them? How?
Do you know the section of the California Civil code that addresses this issue? I know CA code 840 defines what a life estate holder is responsible for.

[flyingron]

You have to sue them in civil court for the waste.

[Ocean Jeff]

Thanks for responding. Sue them to recover the cost of damages, then sue to terminate the life estate or sue to terminate and use the damage as the reason? Can I sue to evict at the same time or is that another action?

[jk]

they have a right to repair the damage and not be subject to the termination of the life estate.

Once grounds have been established, can I evict them? How?

before you can evict them, you would have to go to court and have the life estate terminated for cause. Damaging a building in itself is not cause. Failure to repair it or especially a failure to repair a situation that causes more damage would be cause for terminating the life estate tenancy. Only after you had the life estate terminated could you evict the tenant.

[Ocean Jeff]

JK, thanks again. Let me think about this and I'll probably have more questions to ask.

[gh379]

We are in a life deed. Can we be evicted?

[flyingron]

You would be best to start your own thread, but if you're keeping the property up, paying the taxes, etc... your life estate can not be terminated.