Not a custody issue - unlawful detainer possibly

[DMcD]

State is California. I own my home. 4 months ago, my husband's sister (SIL) and her family (BIL and their two girls) lost the duplex they were renting (it was sold to a new owner who wanted to remodel). My BIL is on parole for drug charges. They never really "asked" to move in, just started moving their crap over when the apartment they were going to rent fell through because BIL has an eviction on his record.

SIL agreed to watch my kids while I worked and went to school and they were to pay $300 per month towards household costs like groceries and utility bills. DH was deployed to Kuwait about a month after they moved in. They have turned into monsters now that it is just me and my kids.

11 y/o niece is out of control (cops brought her home, sneaks out at night, crank calls anyone she can get a phone number for, etc.) and her parents (my in-laws) refuse to discipline her. I asked them to get her under control or move out. SIL said they would move but was nice about it.

BIL was upset that I confronted them about his daughter and decided to take his anger at me out on my son. BIL lost his damn mind over a .25 Hostess pie and then started screaming at me and said they were moving and called me a "F*cking bitch". I stopped letting SIL watch the kids and hired a real babysitter the following day. My DH called BIL from Kuwait and told him to move and BIL agreed to leave in a week.

A few days ago, SIL "forgot" to give me a very, VERY important message that will cost me a minimum of $450 that I would not have had to pay had she given me the message. Their week was up anyway and I told them to get out of my house. They left for one night and then came back. I found out SIL has been "borrowing" DH's car while I was at work. She didn't have our permission to do that.

I told them tonight I wanted them to leave and SIL told me I couldn't "put them out on the street" and they had no money. Because they have had no bills other than the $300 I asked them to pay over the last 4 months, I expected them to have saved something for when they found a place and cleared up BIL's eviction. I don't think their money problem should be my problem.

I have bought new locks and taken the car key and put it on my key chain. I am not making this a comfortable place to live. But I want to know a few things about my rights as a homeowner and "landlord":

1. They both gave me a verbal notice of their intent to move (one more loudly than the other). BIL verbally agreed to move in a week and it has been about 10 days. Are those verbal notices/agreements sufficient to change my locks?

2. If answer to question 1 is no: BIL verbally assaulted me. Do I have grounds to get a RO against both in-laws even though it was just BIL doing the screaming?

3. They have paid me nothing for the month of February. A three day notice to pay or quit will start the unlawful detainer action, but I don't want to wait two months to get to court, etc. Any advice on other options I have?

I'm afraid to come home at night. They are eating me out of house and home. I have a $900 per month increase in my childcare costs and they won't even make a payment to the electric bill. They are filthy people and my house is CPS material right now. My nieces have written "Die" in orange nail polish all over my walls both upstairs and down. I can't afford to have them here, I don't have the time or energy to clean up after them and my BIL and oldest niece are criminals. I work 20+ hours a week on top of taking 20 college units. DH isn't here to help me and our communication is limited while he is overseas. HELP!!!!

[socrateaser]

I would go to court and file for an emergency temporary restraining order on grounds that you are afraid and that they have threatened you with physical harm if you try to evict them, or restrict their use of your car/home etc.

The court will issue an order, and you can have the sheriff serve them and simultaneously remove them from the premises.

Then, as soon as they are out, hire a moving company or friends, or whatever, and move ALL of their belongings to a public storage facility (pay for 30 days rent). Then change all of your locks and put nails/sticks etc. in the windows.

When you're at the facility, arrange to get your relatives access to the storage unit, so that they can pick up the key from the manager without contacting you.

You may not be able to maintain the order as a permanent restraining order, but as all of their possessions will be out, they will have no reason to return.

Other than that, an FED is the only way, unless you just call the sheriff and file a complaint for extorsion and harassment.

[DMcD]

:-)