Maintained by NextGen Coastal — $342M under management in OC & LA
Implied tenancy · UD procedure

Evicting a family member. Treat it like any other tenancy.

"They're family" isn't a procedural shortcut. Sustained occupancy creates implied tenancy. Removal goes through §1946 notice and UD if needed. Self-help against family produces the same §789.3 damages as against any other occupant.

TL;DR

Family member with sustained occupancy = implied tenancy. Remove via §1946 termination notice + UD if needed. No-rent payment doesn't matter. No self-help. Spouse/partner adds family-law complexity — consult attorney.

Common questions — evict family member

Just tell them to leave?

Asking fine; forcing not. Implied tenancy applies.

No rent paid?

Doesn't matter. Tenancy at will, §1946 notice.

Timeline?

Standard UD: 5–9 weeks uncontested.

Spouse/partner?

Family-law complexity. Consult attorney.

Change locks?

No. §789.3 self-help damages.

Family-eviction case review

Free assessment of the procedural path.

Request a free review →