Update to How Do I evict a former owner after sale in Los Angeles...in this situation, the former owner is my
Uncle and I purchased the house via a gift of Equity through a bank escrow. He owed me $300K on a deed of trust for a remodel and he never paid me. The banks were foreclosing on his house and this was supposed to be a solution to help him and his family out. Unfortunately I have found that he is a cheat and a liar. Basically a con man. I never knew this about my own uncle. He was supposed to immediately move from the property but he didn't. There is no Rental agreement, verbal or otherwise. This was in January. It is now July and he keeps saying he has secured a property to move into, but refuses to actually move. I have already served him a 60 day notice which is more than fair. Now I just wanted to file the Unlawful Detainer, but it seems that California Law has a loophole for this situation. They don't address it ever happening and it should be a simple fix with the UD-100 form, but it is not. Their UD deals with Rental agreements and recovering money from tenants and excludes this.
I had this happen to a client of mine, he purchased a property and the seller did not move out, sp he had to evict him. You need to go to an eviction company to have them proceed with the correct paperwork, especially due to the fact that this is your uncle. If you do it now he should be out by late August, if he objects. If he doesn't file any paperwork, he will be met by the sheriff in about 20 days. You have waited too long for anything to happen. You won't be able to do it yourself, please go to an eviction company.
Good Luck!
Dyanna
http://www.expressevictions.com/california-eviction-procedure.php
Check this website out... might be able to help..
It is harder when you have to deal with a relative
Paul, this is definitely a sticky situation - you are tied to family forever. Have you tried to talk this out with your uncle? It would be wonderful to come to a mutual agreement and to be able to forgive this unfortunate situation.
That being said, you really should consult with an attorney. There are attorneys that specialize in evictions and that would be the way to go.
All my best,
Dot
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