Wanderlust World Wanderlust World The first step in evicting an adult child from your home in California is to determine whether the child is a tenant or merely a guest. For your child to be considered a tenant, specific requirements outlined in California's Tenancy Law must be fulfilled:
- Legal tenancy agreement: Your adult child must be residing on the premises with your consent and have an implied oral or written rental agreement. If no such agreement exists, the child is considered a guest, making the eviction process different.
- Payment of rent: Although California law doesn't explicitly state that rent payments are necessary to establish tenancy, courts might infer its existence if your child has consistently contributed a similar sum to your household's expenses. If such payments were explicitly designated as "rent," the conclusion is further solidified.
- Continuity of stay: The duration of your adult child's stay plays a crucial role in tenant status. If they've resided on the premises for an extended period, it suggests a form of tenancy, especially when combined with other factors like rent payment.
If your adult child qualifies as a tenant, you're legally obligated to provide an appropriate termination notice prior to eviction. The specific type and duration of the notice depend on the nature of the tenancy:
- Month-to-month tenancy: In California, month-to-month tenancies are considered the default if there's no specified lease term or tenancy agreement. In this case, a 30-day termination notice is required before the end of a rental period.
- Fixed-term tenancy: If your adult child has a written lease for a specific period (e.g., one year), the termination process varies. Upon a desire to end the tenancy, the notice timeline for lease-ending falls under one of the following categories:
1. 30-day notice: If the lease states that it will automatically renew for another term unless either party provides a 30-day notice, you must provide the notice before the end date of the current lease.
2. 60-day notice: When the lease doesn't specify a renewal term or renewal clause, you'll need to provide a 60-day termination notice.
3. Other notice periods: If the lease outlines a different notice period (e.g., 90 days), that specified notice period must be adhered to.
4. Early lease termination: If your child's fixed-term tenancy still has time left, early lease termination is permitted only with both parties' consent and mutual execution of an early lease termination agreement.
Deliver the termination notice: After determining the required notice period, ensure it's properly delivered to your child. Acceptable delivery methods include:
1. Personal delivery: Handing the notice to your adult child in person ensures immediate receipt.
2. Certified mail: Sending the notice via certified mail with return receipt requested provides proof of delivery.
3. Substitute service: If your child evades personal receipt or refuses to accept the notice, you may seek the court's permission for substitute service, which can be posted in a conspicuous place at your residence or delivered to an adult present at the premises.
If your adult child refuses to vacate the premises after the termination notice period has expired, you must take further legal action. In California, you can initiate the eviction process through the Superior Court of your jurisdiction. The specific steps involved may vary locally, so it's advisable to consult with an attorney experienced in eviction proceedings. Here's a general overview of the process:
- File an unlawful detainer lawsuit: The first step is filing an unlawful detainer complaint in the relevant Superior Court. This complaint outlines your attempts to terminate the tenancy and your child's refusal to comply.
- Serve the unlawful detainer summons and complaint: Once the complaint is filed, you need to have it served on your adult child. This can be done through the same methods as delivering the termination notice.
- Attend court hearings: After the complaint has been served, the case will proceed through a series of court hearings. Both you and your child will have the opportunity to present your cases.
- Obtain the judgment: If the court finds in your favor, you will be granted a judgment for possession, awarding you the right to regain possession of the property.
- Enforce the judgment: The final step is enforcing the judgment by obtaining assistance from the sheriff's department to have your child removed from the property.
Evicting an adult child can be an emotional and challenging process. Consulting with an attorney ensures that you understand and comply with all legal requirements specific to California state laws.