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Elderly mother needs help removing adult son from her home.

Discussion in 'Eviction, Recovery of Premises' started by lawquestions, Oct 27, 2019.

  1. lawquestions

    lawquestions Law Topic Starter New Member

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    Jurisdiction:
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    My elderly mother, (78), has allowed my brother, (50 yrs. old) to be a live-in guest and lodge in her mobile home, (that she owns), for almost a year now. He has been paying her $200 per month and there was no lease signed nor security deposit placed. He has been psychologically abusive to her with verbal rudeness, crude remarks & prying into her private life. Also, my elderly uncle, (80), lives at her home as she cares for him. My brother has also made a complete mess of her home & doesn't clean up after himself. He has many personal items spread throughout the place.

    Since Sept. 1, 2019, she has been telling him that she wants him to move out by January 1, 2020. He is very lazy, working only 1 or 2 days a weeks for a Walgreens. He gets mad at her suggestion to seek more work and/or hours and then it becomes another argument, which is quite disturbing to both my mom & my uncle. Living in this environment is not good for their health either as his arguing causes them a lot stress, so I'm highly concerned. Unfortunately, I do not close by to them either. I have helped my mom by composing a 60 day notice that she will be giving to him on November 1st. So far, he has not been taking her seriously, saying he has no where else to go and saying that she is cruel for wanting him to leave. He is in complete denial of the situation.

    My question is: What if he doesn't leave and then denies ever receiving the 60 day notice she will be giving him. Are there any legal steps she can take to prove that she gave him the notice? Like getting it certified or perhaps give a copy to the local Police Dept. (especially since she may need their help getting him removed from the premises)? Thanks in advance to anyone providing advice... I truly appreciate it!
     
  2. justblue

    justblue Well-Known Member

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    Your brother is not a lodger or a guest...he is a tenant. Your mother must follow the LL/Tenant laws for California.


    http://www.hcd.ca.gov/manufactured-mobile-home/mobile-home-ombudsman/docs/Tenant-Landlord.pdf
     
  3. adjusterjack

    adjusterjack Super Moderator

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    CA requires only 30 days notice if the tenancy is less than a year.

    See 1946.1(c):

    http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.1.

    The best way is to have a witness present who is willing to testify in court as to the delivery if necessary. Or, she can hire a private process server to come to the house and hand it to him. The process server will give her a written affidavit of service that can be used in court. Cost may be between $50 to $100. She can call around for fees.

    The police aren't going to remove him. She'll need to evict through the courts to get that done. Either that or get a restraining order due to the abuse. That'll get him put out by the police.

    One might be able to argue that he is a lodger under CA statute 1946.5(c):

    http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.5.

    And Penal Code 602.3:

    http://leginfo.legislature.ca.gov/f...ctionNum=602.3.&highlight=true&keyword=lodger

    "How sharper than a serpent's tooth it is
    To have a thankless child!"
     
  4. Zigner

    Zigner Well-Known Member

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  5. justblue

    justblue Well-Known Member

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    You miss-quoted. His Honor posted that. :)
     
  6. adjusterjack

    adjusterjack Super Moderator

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    I would argue that the elderly uncle is a family member and neither lodger nor tenant.

    But I concede that the eviction route is cleaner.
     
  7. Zigner

    Zigner Well-Known Member

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    That's a fair enough argument. I guess I have to wonder if the uncle also pays rent.

    Yep Yep
     
  8. army judge

    army judge Super Moderator

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    If ELDER ABUSE is being doled out, this organization might be able to help:

    LawHelpCA.org

    If an elderly person is being abused, a restraining order can be requested which when issued the ABUSER can be SUMMARILY removed, easy peasy.



    Are You in Danger Now? If you need help right now, call “911.”
    You can also call Adult Protective Services in your county.





    Ask for a Restraining Order - elder_abuse_selfhelp



    Ask for a Restraining Order
    To ask for an elder or dependent adult abuse restraining order there are several steps you have to take. But first make sure that:

    1. A restraining order is right for you. Read Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? (Form EA-100-INFO).

    2. You qualify to ask for an elder or dependent adult abuse restraining order. You qualify if:

    You are 65 or older or a dependent adult, AND
    You have been:
    Physically abused,
    Financially abused,
    Mentally or emotionally abused,
    Neglected,
    Abandoned or abducted,
    Isolated, or
    Deprived by a caregiver of things or services you need to avoid harm or suffering.
    3. If available, you get help from an agency in your area. Or call the Senior Legal Hotline at 1-800-222-1753.

    Once you are sure you qualify for an elder or dependent adult abuse restraining order, you are ready to fill out the forms (or have a lawyer or self-help clinic help you with the forms). If you are not sure you qualify, ask a lawyer.

    You may be able to get free legal help. Find out if there is a local legal aid or other nonprofit agency that helps people with elder or dependent adult abuse restraining orders.

    Your court’s family law facilitator or self-help center may also be able to help you with the restraining order. Or you can hire a lawyer. Click for help finding a lawyer.


    https://www.courts.ca.gov/documents/ea100info.pdf


    Filing a Request for a Restraining Order
    STEP 1. Fill Out Your Court Forms and Prepare to File

    STEP 2. File Your Court Forms With the Court

    STEP 3. “Serve” Your Papers on the Restrained Person

    STEP 4. Get Ready and Go to Your Court Hearing

    STEP 5. After the Court Hearing
     
    Red Kayak likes this.
  9. mightymoose

    mightymoose Moderator

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    The brother is not a lodger and must be evicted as a tenant. The lodger rule only applies when there is a single lodger in an owner occupied residence. That the uncle is a relative or might pay less or no rent is irrelevant- he is an additional occupant which eliminates the lodger rule.

    No need to wait until November to serve notice, and no need to give 60 days. Serve notice immediately and give 30 days. Occupancy can end mid month. If rent is not being paid and is not current then only a 3 day notice is required. Once notice is served immediately file with the court to begin the eviction. The 3 or 30 days will have elapsed before your scheduled hearing, and you can cancel it if necessary. Do not wait. Simply serving him with court papers may be enough to motivate him to get out and not fight. You can do this on your mother's behalf or hire someone to do it for her.

    Immediately contact Adult Protective Services in the county where they reside. There could be forms of elder abuse taking place. Do not present this to then as a tenant issue, but as a possibly abusive son taking advantage and causing stress and mental anguish that is unhealthy to the elders present in the home. They WILL investigate and involve law enforcement if necessary. They will also offer other available services to your mother and uncle that could be helpful to them.

    Kindly inform your mother that you are notifying protective services to get her help with the situation so she isn't defensive and is more likely to share information with the social workers.
     
    shadowbunny likes this.
  10. lawquestions

    lawquestions Law Topic Starter New Member

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  11. lawquestions

    lawquestions Law Topic Starter New Member

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  12. justblue

    justblue Well-Known Member

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    Post a link to the article, please.
     
  13. lawquestions

    lawquestions Law Topic Starter New Member

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    Why should that make any difference? My brother is listed as a guest with the owner's of the lot, whereas, my uncle is not.
     
  14. justblue

    justblue Well-Known Member

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    The owner of the lot may have misclassified your brother.
     
  15. lawquestions

    lawquestions Law Topic Starter New Member

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    From what I have read online... it seems he is a lodger not a tenant.
     
  16. lawquestions

    lawquestions Law Topic Starter New Member

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    Yes, my uncle does pay rent to my mom and my mom takes care of him, (he is disabled). My uncle has always lived with my mom and has been there since she bought the mobile home, he is on the lease at the lot. My brother just stayed with my mom less than a year and is listed as a guest with the lot owners.
     
  17. lawquestions

    lawquestions Law Topic Starter New Member

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    No, they knew exactly what they were doing. They were the ones who suggested that he be listed as a guest.
     
  18. justblue

    justblue Well-Known Member

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    That is irrelevant. What they have in their records is wrong...per your posting. And I would love a link to that article you cut 'n' pasted. Thanks...
     
  19. lawquestions

    lawquestions Law Topic Starter New Member

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  20. lawquestions

    lawquestions Law Topic Starter New Member

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