Elderly mother needs help removing adult son from her home.

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California
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!
 
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!
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
 
I have helped my mom by composing a 60 day notice that she will be giving to him on November 1st.

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.

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

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.

since she may need their help getting him removed from the premises

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.

Your brother is not a lodger

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!"
 
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!


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


Not according to this law article:
What Is The Difference Between a Tenant and a Lodger?

If you live in a house, and you rent a room in that same house to another person, that person is a lodger. You have to live in the house with the person the entire time for him to be a lodger.
For example, you rent a room in an empty house to somebody. He is considered to be a tenant. You later move into another room in that house. Even though you own the house, the tenant is still a tenant. He does not become a lodger.
However the opposite is not true. You rent a room in the house you're living in to a lodger. You move out of the house, but the person is still renting a room there. That person now becomes a tenant, with the rights and responsibilities of a tenant.
 
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.

She knows that.. but she wants to give him the extra time to save money to move.

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.

Thank you... this is helpful!

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.

Can she get a restraining order while he is still living there?... or at least start the process so that it becomes enforceable on Jan. 1, 2020?


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!"

From what I have read online... it seems he is a lodger not a tenant.
 
That's a fair enough argument. I guess I have to wonder if the uncle also pays rent.

Yep Yep
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.
 
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