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  1. #1
    Join Date
    Feb 2008
    Posts
    8

    Default Tenants At Will, Living In RV In Backyard

    state: CA

    I posted another question in another thread having to do with this same issue/person, but I will go into more detail about the other issue with her here.

    My Grandma recently passed. Before she did she signed her half of the house (her son owns the other half) to me. 4 years ago my Grandma let my Aunt and Uncle stay for a while with their child to help them financially, they paid no rent or bills. I lived with my Grandma at the time as well. My Aunt had brought a RV into our backyard since our house was entirely too small for so many people. They managed to live in that for 3 years! I know it is against county regulations, but they were just recnetly asked to move out of the RV in April by coe inforcement. After that they came into our indoor patio, not even a bedroom. My Grandma had expressed interest in wanting them to leave many times, but was such a kind woman she never had the heart to ask them to look for a new place.

    My Aunt lives like a slob. Since movng into the actual house, it got so bad and filthy that child support services could have taken her son away. Filthy, and cramped. As I said its too small a house to let them stay there, and they had to have their son sleep in the same bed as his mom and dad! not even his own room!

    They would rack up the bills to enormous amounts and not pay, making me and my Gramma pay.

    After my Gramma's passing, her son and myself, now as legal owners of the house asked my Aunt and Uncle to please start cleaning the place up. They refused. 2 weeks later we approached them again and my Aunt literally freaked out on us, screaming and threatening, everything. We could have called the cops I'm sure but we did not. Anther week after that we wrote her a note to please start looking for another place since she was so hard to talk to.

    Now we know it is not legally binding, and she does not have to leave based on that, we did it more as a courtesy, not wanting to have to evict them, but since they are still not leaving, we will be serving them a legal notice.

    However, my Uncle has already packed up all his stuff and left! He took his son with him! They even packed up all her stuff, but she is refusing to go since we did not ofiicially give her legal notice. She has stayed in the house still without her husband and son just to prove a point that we need to give her 60 days notice. Since all her stuff is gone, what right do I have as owner about what she brings back into the house (ie: furniture (he took the bed), couches etc.)

    My question is complex. I have read up on 'tenants at will' which is what I believe they are. Since they have lived on our property for 4 years, we would need to give them a 60 day notice. However, since they were technically not living in the house, and were living illegally in an RV and have only stayed in our actual house since april, can we serve them only a 30 day notice?

    Any advice is greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenants At Will, Living In RV In Backyard

    Play it safe. Give the sixty-day notice, and the sooner the better.

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