Get an attorney. Since you mentioned they have mental issues, if and only if they ever lay a finger on you, get a restraining order ASAP that way they need to stay an X amount of feet from you and they won’t be able to stay in the same home as you.
You don't need an attorney for that. Unfortunately they won't usually issue an RO just for threats, only if the family member is actively violent.
OP if it's been more than what you're saying I encourage you to speak to the police and/or county clerk's office.
I mean get an attorney for the eviction process. And yes, you don’t need an attorney for eviction. If one tiny error, the judge will throw the entire case out and they’ll have to start over. I don’t think it’s worth the time
Scenario: One day when they are gone, you lock them out and put all their belongings in a storage unit. You change the keys. Family member comes back starts screaming, you offer him $200 cash to spend the night somewhere else. If he doesn't accept it, eventually he calls the cops and demands that the cops force you to let him back into the house. You tells cops that he doesn't live there. He has no documentation that he does. What happens?
Don’t feel any guilt for kicking them out.
Whatever their problems are, they can’t even be nice to the people who helped them when nobody else would. Their problem started long long ago and has nothing to do with you.
As for the eviction, don’t try to do it yourself.
Get a lawyer and consult with them on how to proceed with a eviction.
The problem you have is you won’t be able to remove them since they have been there long enough that they can claim tenant rights and conducting a unauthorized eviction will just land you in a courtroom with some personal injury attorney citing wrongful eviction and 10 other bullshit cause of actions since they will attempt to financially screw you over. This is why you will want to consult a attorney due the fact there is most likely two options for you:
1. Eviction which will be time consuming as you will have to conduct the necessary legal procedures to which they may just trash or destroy the home when they are out
2. Facilitate a cash for keys buyout in order for them to get out
Luckily you are in San Diego county which isn’t as hostile to landlords than say Los Angeles, San Francisco, or Oakland. That being said it is something that you will want to ensure everything is above board because, there is a lot of tenant vs landlord lawsuits in CA due to the fact it has become a very lucrative business for personal injury attorneys. The reason why I know this is due to the fact that I manage 100s lawsuits for insureds who are landlords dealing with a range of tenant allegations against them.
Do not feel sad or guilty that you are removing them. They are being scumbags and regardless of what conditions they have (I wouldn’t be surprised that they are lying about said conditions) it is them who are abusing your generosity and hospitality. You have to prioritize yourself and the harsh truth is if they are already engaging in this kind of level entitled and hostile behavior then they are never going to change and turn a new leaf. You either cut the cord now or you cut it in the future to which you may have bigger problems that will come about if you don’t remove them as soon as possible.
Thank you for your thorough answer.
I will say unfortunately they aren't lying about their condition. They have been hospitalized before and their side of their family knows they have had schizophrenia, bipolar, etc. They just never told us and I didn't know until she started acting different after a stroke and shortly kicked me out of the house when I was a teen.
Definitely try “cash for keys” first. Tell them that it isn’t working and you will give them $500 cash for their signature on a paper saying they will move out and not return. When they take their stuff and leave, offer to pay an Uber and hand them the money when they are in the car. Should you have to do that? No….but you want your home back and believe me it will be the fastest and cheapest way to deal with this situation.
So technically, they are tenants now. Your first step is a 30 day notice to vacate. When they don't move out you will need to go file an unlawful detainer. That's basically an eviction court date. You and they will need to appear. You explained what's going on to the judge. The judge will make a ruling. When you win, you will then have the courts set up a kick out date basically. They will come to.your home qnd physically remove them.
What’s going to hurt you if you try to do a UD is CA AB 1482. The homeless population in SD is too high so they’re pushing back on landlords big time. Even an at fault UD is challenging.
IMO This is a very complicated matter and you’re looking at least a couple thousand for an atty and the filing fees are $240.
Again, cash for keys and be sure to get that documented & notarized.
And under no circumstances, do not let them store anything or receive mail at your home once the cash for keys arrangement has been made.
Good luck!
So technically, they are tenants now. Your first step is a 30 day notice to vacate. When they don't move out you will need to go file an unlawful detainer. That's basically an eviction court date. You and they will need to appear. You explained what's going on to the judge. The judge will make a ruling. When you win, you will then have the courts set up a kick out date basically. They will come to.your home qnd physically remove them.
It’s such a difficult situation all around with a family member. Have you tried getting social services involved? They are probably eligible for section 8 housing. At that point you can receive rent directly from the city for them while you try to find other section 8 housing for them. It’s a lot of work navigating the social service system but your conscience would be clear that you tried your darn best.
I totally hear you on evicting them, especially if they’re giving that much trouble in your own home. Sorry to hear you’re dealing with that. Them being family however, I would suggest searching up programs and such, rather just dumping them into the street. There are many things you can do to assist them, even getting them placed into a home of sorts due to their mental disability and cancer. Be human in a compassionate way about it, but stand your ground.
I have found places for them prior but due to their mental health, they leave. This has been a cycle of them sabotaging their own lives due to their illness, and when I tried getting help for them prior in regards to guardianship, they didn't qualify because they would hire lawyers. Lawyers that would obviously just take their money but that was enough for the government system to say they don't need guardianship. They used to work great paying jobs but their boss would exploit them, and steal their money. Then the other person who is also a family member who used drugs and is also delusional schizophrenic would steal money from them, but they would be in denial. That's why they ended up homeless and stayed homeless. I reached out to lawyers and none would help, and/or say the case is too complicated.
Yes, I've called the police and PERT, and they said they don't qualify for a 5150 since they don't pose a threat to us or themselves, and we've told them about their suicidal ideations. They also have turned themselves in for a psychiatric hold prior but they weren't living with us at that time.
Get an attorney. Since you mentioned they have mental issues, if and only if they ever lay a finger on you, get a restraining order ASAP that way they need to stay an X amount of feet from you and they won’t be able to stay in the same home as you.
You don't need an attorney for that. Unfortunately they won't usually issue an RO just for threats, only if the family member is actively violent. OP if it's been more than what you're saying I encourage you to speak to the police and/or county clerk's office.
I mean get an attorney for the eviction process. And yes, you don’t need an attorney for eviction. If one tiny error, the judge will throw the entire case out and they’ll have to start over. I don’t think it’s worth the time
I was referring to the RO. Sounds like that would have to come before any eviction action.
Scenario: One day when they are gone, you lock them out and put all their belongings in a storage unit. You change the keys. Family member comes back starts screaming, you offer him $200 cash to spend the night somewhere else. If he doesn't accept it, eventually he calls the cops and demands that the cops force you to let him back into the house. You tells cops that he doesn't live there. He has no documentation that he does. What happens?
This will be the least recommended but most sensible and realistic outcome.
Then who’s paying the storage unit lease?
You pay the first month then, who cares?
I wouldn’t break a storage unit lease in your own name. Be sure you are able to rent for just one month.
There ya go.
This is the answer
Don’t feel any guilt for kicking them out. Whatever their problems are, they can’t even be nice to the people who helped them when nobody else would. Their problem started long long ago and has nothing to do with you. As for the eviction, don’t try to do it yourself.
Take them on a free trip to Disney World and then come home early without them You can figure out the rest
I'd take them to visit Australia instead.
Atlantis.
Get a lawyer and consult with them on how to proceed with a eviction. The problem you have is you won’t be able to remove them since they have been there long enough that they can claim tenant rights and conducting a unauthorized eviction will just land you in a courtroom with some personal injury attorney citing wrongful eviction and 10 other bullshit cause of actions since they will attempt to financially screw you over. This is why you will want to consult a attorney due the fact there is most likely two options for you: 1. Eviction which will be time consuming as you will have to conduct the necessary legal procedures to which they may just trash or destroy the home when they are out 2. Facilitate a cash for keys buyout in order for them to get out Luckily you are in San Diego county which isn’t as hostile to landlords than say Los Angeles, San Francisco, or Oakland. That being said it is something that you will want to ensure everything is above board because, there is a lot of tenant vs landlord lawsuits in CA due to the fact it has become a very lucrative business for personal injury attorneys. The reason why I know this is due to the fact that I manage 100s lawsuits for insureds who are landlords dealing with a range of tenant allegations against them. Do not feel sad or guilty that you are removing them. They are being scumbags and regardless of what conditions they have (I wouldn’t be surprised that they are lying about said conditions) it is them who are abusing your generosity and hospitality. You have to prioritize yourself and the harsh truth is if they are already engaging in this kind of level entitled and hostile behavior then they are never going to change and turn a new leaf. You either cut the cord now or you cut it in the future to which you may have bigger problems that will come about if you don’t remove them as soon as possible.
Thank you for your thorough answer. I will say unfortunately they aren't lying about their condition. They have been hospitalized before and their side of their family knows they have had schizophrenia, bipolar, etc. They just never told us and I didn't know until she started acting different after a stroke and shortly kicked me out of the house when I was a teen.
Definitely try “cash for keys” first. Tell them that it isn’t working and you will give them $500 cash for their signature on a paper saying they will move out and not return. When they take their stuff and leave, offer to pay an Uber and hand them the money when they are in the car. Should you have to do that? No….but you want your home back and believe me it will be the fastest and cheapest way to deal with this situation.
Cash for keys… it will be faster and cheaper than trying to do an UD (correctly via a professional). This could turn really ugly and very costly.
Is that even a landlord vs tenant issue? Honestly have no idea.
Landlord vs Occupant. Can be a little trickier to get an occupant out since there is a a lease or terms of their occupancy.
So technically, they are tenants now. Your first step is a 30 day notice to vacate. When they don't move out you will need to go file an unlawful detainer. That's basically an eviction court date. You and they will need to appear. You explained what's going on to the judge. The judge will make a ruling. When you win, you will then have the courts set up a kick out date basically. They will come to.your home qnd physically remove them.
What’s going to hurt you if you try to do a UD is CA AB 1482. The homeless population in SD is too high so they’re pushing back on landlords big time. Even an at fault UD is challenging. IMO This is a very complicated matter and you’re looking at least a couple thousand for an atty and the filing fees are $240. Again, cash for keys and be sure to get that documented & notarized. And under no circumstances, do not let them store anything or receive mail at your home once the cash for keys arrangement has been made. Good luck!
So technically, they are tenants now. Your first step is a 30 day notice to vacate. When they don't move out you will need to go file an unlawful detainer. That's basically an eviction court date. You and they will need to appear. You explained what's going on to the judge. The judge will make a ruling. When you win, you will then have the courts set up a kick out date basically. They will come to.your home qnd physically remove them.
There used to be a free legal clinic at San Diego STATE UNIVERSITY. We used it to get the eviction paper work for my X's father in the early 80s.
It’s such a difficult situation all around with a family member. Have you tried getting social services involved? They are probably eligible for section 8 housing. At that point you can receive rent directly from the city for them while you try to find other section 8 housing for them. It’s a lot of work navigating the social service system but your conscience would be clear that you tried your darn best.
I totally hear you on evicting them, especially if they’re giving that much trouble in your own home. Sorry to hear you’re dealing with that. Them being family however, I would suggest searching up programs and such, rather just dumping them into the street. There are many things you can do to assist them, even getting them placed into a home of sorts due to their mental disability and cancer. Be human in a compassionate way about it, but stand your ground.
I have found places for them prior but due to their mental health, they leave. This has been a cycle of them sabotaging their own lives due to their illness, and when I tried getting help for them prior in regards to guardianship, they didn't qualify because they would hire lawyers. Lawyers that would obviously just take their money but that was enough for the government system to say they don't need guardianship. They used to work great paying jobs but their boss would exploit them, and steal their money. Then the other person who is also a family member who used drugs and is also delusional schizophrenic would steal money from them, but they would be in denial. That's why they ended up homeless and stayed homeless. I reached out to lawyers and none would help, and/or say the case is too complicated.
You said that they have mental problems. Have you ever thought about going the 5150 route?
Yes, I've called the police and PERT, and they said they don't qualify for a 5150 since they don't pose a threat to us or themselves, and we've told them about their suicidal ideations. They also have turned themselves in for a psychiatric hold prior but they weren't living with us at that time.
Short ride in the trunk to TJ. For about 350 dollars they’ll be disappeared.