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  1. #1

    Default Eviction for Drug Use

    My question involves landlord-tenant law in the State of: Calif

    I have inheirted my moms house, which my sister & boyfriend,[now husband], havin over 25yrs.. free, while accumlating junk...abusing drugs & liquor, "working" on the house, causing even more damage. due to his inability or greed... long story short...everything I told them, from how much they had to start paying, each month, plus half of house insurance & property taxs, twice a year, haul junk away, put in storage, what they wanted..etc..he wasn't about let that happen..already feeling, I got over .[my sister has no income & has been diagnosed with braindamage due to "heavy use of meth"] was easily convinced that, her name on the trust, assured she couldn't be evicted...she owned a third of house & if they married, he couldn't be, either... he knows thats not true but is betting I wont put her on the street, & for him , I would have to get a lawyer & go thru the court for him or money owed, & knows I have little... They will sleep for days..then up 3 to 7 days..etc I became ill last year, which was an infection in my splne, that almost killed me & left me hospitalized for over 2 months, which has left me disabled,
    My question is, because they use drugs..& refuse to pay anything...do I have to evict them, thru regular channels or is there a recourse for me, that wont cost money or time?e lived

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Eviction/Drug Use

    Quote Quoting Vickie LaFollette
    View Post
    My question involves landlord-tenant law in the State of: Calif

    I have inheirted my moms house, which my sister & boyfriend,[now husband], havin over 25yrs.. free, while accumlating junk...abusing drugs & liquor, "working" on the house, causing even more damage. due to his inability or greed... long story short...everything I told them, from how much they had to start paying, each month, plus half of house insurance & property taxs, twice a year, haul junk away, put in storage, what they wanted..etc..he wasn't about let that happen..already feeling, I got over .[my sister has no income & has been diagnosed with braindamage due to "heavy use of meth"] was easily convinced that, her name on the trust, assured she couldn't be evicted...she owned a third of house & if they married, he couldn't be, either... he knows thats not true but is betting I wont put her on the street, & for him , I would have to get a lawyer & go thru the court for him or money owed, & knows I have little... They will sleep for days..then up 3 to 7 days..etc I became ill last year, which was an infection in my splne, that almost killed me & left me hospitalized for over 2 months, which has left me disabled,
    My question is, because they use drugs..& refuse to pay anything...do I have to evict them, thru regular channels or is there a recourse for me, that wont cost money or time?e lived
    Did you inherit the house, or only 1/3 of the house? The answer to that question makes a huge difference as to what you can or cannot do.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Eviction/Drug Use

    If you are the sole owner of the home (and it’s not entirely clear on that point in your post) then you may evict them to get them out. They have apparently lived there for 25 years, much of that while your mother was alive apparently and thus living there with her permission. It is their residence, and has been for a long time. This is not a trespasser or mere guest situation in which you may have them simply ejected from the property. Consult an attorney for assistance with this. California is more tenant favorable than a number of other states and if you mess up with the process the courts may dismiss it and force you to start at square one again.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Eviction for Drug Use

    Quote Quoting Vickie LaFollette
    View Post
    her name on the trust, assured she couldn't be evicted...she owned a third of house
    You cannot evict her if she is an actual part owner of the house. Might not be able to to evict him separately because of CA community property laws.

    But you can file a "partition action" (google it) to force the sale of the house and the court will appoint somebody to sell it and get the occupants out once a buyer is found.

    You will, of course, have to spend money on a lawyer as this is not a DIY project.

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