My question involves landlord-tenant law in the State of: California
I own a townhouse in central California, that I want to sell. Technically, it is a vacant property. My brother lives in northern California, where he and his wife own a house. I live in southern California. My brother's house is a lot closer to my property than where I am.
My brother wants to buy a second house, in part, to relieve the stress of a troubled marriage. We have been trying to work out a deal where I sell him my house for several months now.
About 45 days ago I agreed to give him early access to the house, so he could manage repairs that I agreed to have done while he pursues a the financing with a bank.
We agreed that he could set up VERY minimal furnishing to accomodate him staying there multiple days/nights in a row.
The understanding was that he could stay & work there during the week, and he would "commute" home to his property in the north on the weekends. I also agree that he could subscribe to internet access in his own name, and set up the computers he needed to so he could work from that location, while he manages the repairs.
This was all verbally agreed to. We have no rental agreement. No money has changed hands. Meanwhile, I am paying 2K per month in mortgage and other payments.
There are a variety of personal factors, which I won't reveal on a public forum, that lead me to now believe that he intends to simply take over my property and defy any of my own wishes to limit how my property is used before it is sold.
Here are some factors that I can reveal. In 45 days:
1) He did set up internet (and cable TV) immediately.
2) He has not set up his computers adequately to do his job. According to his wife, he isn't even performing any meaningful work for his job at all; regardless of which house he is in.
3) He has not taken even the most preliminary steps to schedule the repairs we agreed to have done.
4) Since gaining access, according to his wife, he is not returning phone calls from the bank. My brother has been telling me that the bank will only discuss his loan in person, never by phone.
5) Yesterday my brother said he wanted to move a couch into my house. I told him I didn't want him to do that. He made an excuse that he had to go, and hung up.
6) Today I called him to follow up on the discussion about the couch. He said, "it's already in there." I told him that he has crossed a line by defying my expressed wishes. He hung up on me.
7) One fear is that if my brother thinks I'm considering any action, he will have the locks changed, and force me to escalate from a legal standpoint.
As I mentioned, he spends weekends up in his northern residence. I am contemplating driving up to my property on a weekend, changing the locks, moving whatever of his belongings I can lift by myself into the garage, which he will still have access to until he moves them.
Questions:
1) Is it really that simple?
2) Do I have to evict him?
3) Are there any "magical" time limits in California that I should be aware of? i.e., which would grant him tenant rights?
4) What claim of access can he make to retrieve his couch? My inclination is to insist he give me a check to hire a moving company. I want to avoid a situation where I have to have him physically removed.
I own a townhouse in central California, that I want to sell. Technically, it is a vacant property. My brother lives in northern California, where he and his wife own a house. I live in southern California. My brother's house is a lot closer to my property than where I am.
My brother wants to buy a second house, in part, to relieve the stress of a troubled marriage. We have been trying to work out a deal where I sell him my house for several months now.
About 45 days ago I agreed to give him early access to the house, so he could manage repairs that I agreed to have done while he pursues a the financing with a bank.
We agreed that he could set up VERY minimal furnishing to accomodate him staying there multiple days/nights in a row.
The understanding was that he could stay & work there during the week, and he would "commute" home to his property in the north on the weekends. I also agree that he could subscribe to internet access in his own name, and set up the computers he needed to so he could work from that location, while he manages the repairs.
This was all verbally agreed to. We have no rental agreement. No money has changed hands. Meanwhile, I am paying 2K per month in mortgage and other payments.
There are a variety of personal factors, which I won't reveal on a public forum, that lead me to now believe that he intends to simply take over my property and defy any of my own wishes to limit how my property is used before it is sold.
Here are some factors that I can reveal. In 45 days:
1) He did set up internet (and cable TV) immediately.
2) He has not set up his computers adequately to do his job. According to his wife, he isn't even performing any meaningful work for his job at all; regardless of which house he is in.
3) He has not taken even the most preliminary steps to schedule the repairs we agreed to have done.
4) Since gaining access, according to his wife, he is not returning phone calls from the bank. My brother has been telling me that the bank will only discuss his loan in person, never by phone.
5) Yesterday my brother said he wanted to move a couch into my house. I told him I didn't want him to do that. He made an excuse that he had to go, and hung up.
6) Today I called him to follow up on the discussion about the couch. He said, "it's already in there." I told him that he has crossed a line by defying my expressed wishes. He hung up on me.
7) One fear is that if my brother thinks I'm considering any action, he will have the locks changed, and force me to escalate from a legal standpoint.
As I mentioned, he spends weekends up in his northern residence. I am contemplating driving up to my property on a weekend, changing the locks, moving whatever of his belongings I can lift by myself into the garage, which he will still have access to until he moves them.
Questions:
1) Is it really that simple?
2) Do I have to evict him?
3) Are there any "magical" time limits in California that I should be aware of? i.e., which would grant him tenant rights?
4) What claim of access can he make to retrieve his couch? My inclination is to insist he give me a check to hire a moving company. I want to avoid a situation where I have to have him physically removed.
Recovery of Premises: Revoking Brother's Access
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