California E&S Insurance

I Have Requested/Notified my Father That He Needs to Vacate My Home. The House Was Previously In a Trust and Full Ownership has Now Been Passed to Me. I Have Given Him both 60 and 90 Day Notice. Checking to See if I'm Within My Legal Right. California So my Grandmother left a home to My Sister and I after she Passed away. The house was put into a Trust with my Sister and I as the inheritors. At the time of my Grandmothers passing my Father was currently living in the home and has been. He has lived there since 2015. It was negotiated by the Trustee/Proprietor of the trust that he could continue to live there so long as he paid for maintenance and upkeep of the home until the trust was dissolved. Fast forward to now, the trust has dissolved and the Deed has been passed into both mine and my sister's name. I have been residing/living in the house since early 2020. The utility and various other bills have been transferred into my name as well. Within a few weeks of the ownership transfer I notified/requested that my father Vacate the home. There has never been a formally notarized landlord or tenant agreement. I have not charged him rent only asked that he contribute half to the utility bills which I also pay. This was my initial Email **"I assume you are aware that the trust that withheld the property at XXXXXXXX has now been dissolved. All assets have been dispersed meaning the ownership and deed to the house has been transferred into XXXXXXX and My name. I have discussed the matter over with XXXXXXX, and it is on 11/26/23 as Half Deed holder to the property that I am making the formal request for you to seek and or find different living arrangements by 01/31/24. This agreement will stand so long as during the next 2 months you are willing to pay your normal portion of the house expenses. I believe that 2 months should be an adequate amount of time to prepare, however if you feel you need a small extension beyond that I am willing to hear the reasoning. In the interest of making the transition easier for you I am willing to allow you to store and collect your belongings at XXXXX until 03/31/24, this includes both vehicles, Subaru and Corvette. As many of the Appliances, Furniture, Tools, Utensils etc. are communal I will ask that you make a list of what you would like to take so that we can begin to negotiate what is amicable for both sides. If there are any other items, you are unsure about please make note of them and add them to the list as well. If there is anything stated here that needs clarification, please let me know. All household bills should be in my name as well as under my accounts. If you receive any bills from other entities beyond requests from myself, please let me know as soon as possible. If you need assistance with anything within reason, please let me know and we will see how we can accommodate. If you have any questions or statements outside what has been stated thus far, please send the questions to my email and I will do my best to answer promptly."** His Response. **"At this point I have no where to go. Which I'm sure you know. In order for me to move into XXXXX. I will need to give notice with 90 days to vacate. And on top of that the house is not in a livable state. Since it has basically been destroyed at this point. I need enough time to move XXXXX out and at least rehab it just enough to move into it. Which I'm happy to do if you and your sister will grant me the time. I just need enough time to get XXXXX out and rehab enough to move into. I've already made arrangements to move all of my things in one hit and to have XXXXX rehabbed quick, just so it's livable." *A few Personal Comments* I read your concerns and your assigned move out date. And your offer to long term storage of my things. First off I have already developed a plan to put in motion. I've talked with my property manager. And he feels there shouldn't be a problem with the renter moving out with a 90 day notice. I've already spoken with a contractor. They have assured me that 3 weeks to a month. Will be more than enough time to have the house livable again. Based on the newest photos just taken of the inside of the house. Moving will not be an issue and already have that sorted out. Should my time table not go to plan. I will move everything to storage and the cars have a place as well. Thank you for your offer of long term storage for my things. But I would need access to them as well as security for them also. I would not want to have to worry about who may be going through my things. So yes I would be willing to keep you updated on the situation from once the renter is given notice and the progression of that. And the progress of the rehab. And if the plan starts going sideways with in the agreed time frame, my immediate clearing of XXXXX. ** I then addressed a few personal messages, and sent this. **"Please let me know what route you are taking by Friday. As I said earlier if you plan on sticking with moving into XXXXX I would like evidence that you have sent the eviction notice to the current tenant. I will extend the move out time to 02/29/24 assuming you are providing proof or progress during that duration. At that time we will re-evaluate the state of things. If you are choosing to reassess based on my comments please let me know so we can re-discuss a timeline." *He communicated his option* Alright if that is the case we will proceed with the current agreement. As of 12/4/2023 we will be extending the move out time to 2/29/2024. This extension is granted on the basis that proper evidence of action and progress towards vacating the current tenant at XXXXX is being made, as well as preparation for the rehabilitation and or renovation of XXXXX. Assuming everything is following a reasonable timeline we will reassess the agreement on 2/29/2024. If issues arise during this time that significantly delay the intended move out time you have agreed to find alternate living arrangements and provide storage for your belongings/personal property. The next order of business, I will ask that you make a list of Appliances, Furniture, Tools, Utensils and other various items that you wish to take upon leaving. Once the list is made we can begin to attempt to negotiate an amicable separation of property between both parties.** His only communication regarding this between then and now was notifying me that he had issued an eviction notice to the Tenant at his rental property. After that little to no communication. As time passed we arrived to February and I noticed that he had not been packing or showing proper progress of the renovations being done to the house. I did not want to push the issue because he already knew he was going to have to be leaving, and had already acknowledged as much. I sent an email on 2/23/24 informing him I had noticed that he hadn't started packing and that the scheduled move out time was rapidly approaching. This was his response. **"The renters are out at this point. The house has been destroyed. To the point of having multiple contractors giving bids for the rehab. That the price far exceeds what it's worth to repair it. There are also foundation issues. The house is sloping down the center of it with cracks running all along each of the rooms. To the point that you feel like you're walking down at an angle in every room. This is all do to the land that it was built on. Repairing would just be throwing good money into the fire. The foundation issues will continue to get worse. The whole street has "major" foundation issues. There is no way that makes sense finically to repair it because all never get out of it, what I'm going to have to put into it. Long story short the renters at the other property have been notified they need to move since there is not another option for me. The renters have asked me if I can delay the move until the end of the school year, so they don't have to disrupt there children's school and some time to look for another rental some where. That's where things are at right now. The house goes on the market on wed. The realtor says that the average selling time for houses is around 28 days at this point. The other rental is in good enough shape that I can basically more in right away once they clear. My hope was to gain a couple more months rent to cover some of the cost I've already incurred from YYYYY with unpaid bills and rent from the tenants and few other things that the deposit didnt cover. And to help with my moving cost from here as well. So there is all the information I have at this moment."** So to my understanding he intentionally chose to not communicate the change in circumstance perhaps based on the vague chance I might feel sorry for him? He also chose to not alter his plans to accommodate this new situation. Essentially he broke the stipulations to the original agreement. This was my response. **"After deliberating over the information you have now provided I am now ready to communicate how things will proceed moving forward. As a reminder here was the last communication about the formal request/notice. "As of 12/4/2023 we will be extending the move out time to 2/29/2024. This extension is granted on the basis that proper evidence of action and progress towards vacating the current tenant at YYYYY is being made, as well as preparation for the rehabilitation and or renovation of YYYYY. Assuming everything is following a reasonable timeline we will reassess the agreement on 2/29/2024. If issues arise during this time that significantly delay the intended move out time you have agreed to find alternate living arrangements and provide storage for your belongings/personal property." You also acknowledged that you understood this agreement within this reply. "I read your concerns and your assigned move out date. And your offer to long term storage of my things. First off I have already developed a plan to put in motion. I've talked with my property manager. And he feels there shouldn't be a problem with the renter moving out with a 90 day notice. I've already spoken with a contractor. They have assured me that 3 weeks to a month. Will be more than enough time to have the house livable again. Based on the newest photos just taken of the inside of the house. Moving will not be an issue and already have that sorted out. Should my time table not go to plan. I will move everything to storage and the cars have a place as well. Thank you for your offer of long term storage for my things. But I would need access to them as well as security for them also. I would not want to have to worry about who may be going through my things. So yes I would be willing to keep you updated on the situation from once the renter is given notice and the progression of that. And the progress of the rehab. And if the plan starts going sideways with in the agreed time frame, my immediate clearing of XXXXX." Based upon your last update, that I was forced to inquire about, your situation has significantly changed from the originally intended plan you had proposed. You also did not make an attempt whatsoever to communicate this change, nor did you provide evidence of the rehabilitation of YYYYY. You are now stating the time you could potentially move into ZZZZZ is now roughly around late May and or Early June. (" The renters have asked me if I can delay the move until the end of the school year, so they don't have to disrupt there children's school and some time to look for another rental some where.") Due to this issue your move out time would need to be significantly delayed. You have not adhered to the stipulations of the agreement and have intentionally withheld important information regarding it as well. Per the original communication you have agreed to immediately move out on the 2/29/24. ("And if the plan starts going sideways with in the agreed time frame, my immediate clearing of XXXXX.") That being said as a courtesy I will grant you a two week extension and allow you to extend your move out to 3/15/24. I will also once again extend the offer to allow you to store your items and or vehicles at XXXXX until you are ready to move them. This extension will be granted if you agree to adhere to these stipulations. 1. You agree to begin packing your belongings as soon as possible. What you need to take and what you may or may not be leaving for storage. 2. You agree to notify me as soon as possible what communal items and or furniture you intend to take. If you do not agree to this you will need to vacate XXXXX by 2/29/24. I will also provide one alternative extension option. I will extend your move out time to 3/31/24 if you agree to adhere to these stipulations. 1. You agree to pay your half of the bills for March + Half of the upcoming property tax due for the XXXXX $605.10. The $605.10 to be paid no later than 3/10/24 11:59 PM and the March Bills to be paid no later than 3/20/24 11:59 PM. 2. You agree to begin packing your belongings as soon as possible. What you need to take and what you may or may not be leaving for storage. 3. You agree to notify me as soon as possible what communal items and or furniture you intend to take. The offer to allow you to store your items and or vehicles at XXXXX until you are ready to move them is also extended in this option as well. If you do not choose this option both prior options are still available. Please understand that these extensions do not need to be offered to you. These extensions are offered as a courtesy in spite of the fact that you knowingly decided to not follow the original agreement that you had acknowledged and agreed to. Please let me know what option you wish to choose by no later than 2/27/24 11:59 PM. If there is no response before then it will be seen as acknowledgement that you agree and intend to vacate on 2/29/24. Upon leaving XXXXX you will need to relinquish your house key and garage door opener and any other important items for the house. Once you have selected one of the options that have been offered to you there will be no further extensions granted regardless of circumstance. If it is determined that you are not adhering to the laid out stipulations based on the chosen option you will need to vacate the following day. The determination of whether or not the stipulations are being followed will be discussed with a second party to maintain fairness. If there is anything that is unclear, please notify me immediately so that I may clarify the message and or situation. Thank you."** His response. **"So I was holding off, because I was trying to figure out how all this was going to land after seeing the house and the amount of damage and the foundation issues. And trying to figure out the smartest way to go finically given the circumstances of YYYYY. I didn't reply to your housing goods. Because I've been trying to figure this whole thing out. You know I don't have any where to go other then being stuck waiting for the other renters to clear ZZZZZ. I really didn't think you'd push your own father out. I just need time for them to clear ZZZZZ. I'm in a difficult situation which I was not expecting. I thought I could go to YYYYY. But that whole situation fell apart with the amount of damage and money it was going to cost and even time to rehab it. Now I'm forced to move into ZZZZZ and will end my rental income. So I would be grateful if you can find away to let me stretch it to them clearing ZZZZZ. I have a moving company lined up and can be out complete in a weekend. I've had to pay property taxes and insurance on both properties and I have taxes coming up. Which will cost about 6,000 like it does every year. So I'm in a very tuff spot right now and no where to go with the end of my rental income also. It would be nice if you can show me so grace to get them out of ZZZZZ. I want to move in one hit. The renters at ZZZZZ have taken such good care of the house. All be able to move right in. Soon as they turn the keys in. And on top of it all I don't have a lot of money either." ** He's basically attempting to guilt trip me for his poor decisions. I want to clarify before anyone comments my Father is not a good person hence why I'm making him leave. Never paid child support, emotional manipulator, actively detrimental to my life, abusive to my mother, general cheapskate, never around as a father and constant broken promises etc. So no I feel very little sympathy for him and to be quite honest I didn't want to even grant a 2 week or 1 month extension, my sister is too caring of a person unfortunately and I did not want to upset her. Anyways suffice it to say I want to know if I'm okay to proceed as it stands. I believe I have given him sufficient notices for vacating the house and been quite generous at that. He also acknowledged and agreed to these terms in writing as well. However he is not a good person and I could easily see him trying to pull shenanigans for lack of a better term. I want to cross my T's and dot my I's so to speak. Am I good to go if I need to get law enforcement involved or do I need to get a court order? I know the law with landlord tenant agreements is tricky as well as squatters. As I previously mentioned I live in the home and it is my main residence, I have never charged him "rent" only asked that he contribute to the utility bills. There has never been a written or formal Landlord Tenant agreement between us. Thanks for any help, I just want to expedite this process, against my better judgement I attempted to show some level of courteousness and it came back to bite me. No good deed goes unpunished I believe the saying is.

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  "title": "I Have Requested/Notified my Father That He Needs to Vacate My Home. The House Was Previously In a Trust and Full Ownership has Now Been Passed to Me. I Have Given Him both 60 and 90 Day Notice. Checking to See if I'm Within My Legal Right. California",
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