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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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    What Is The Difference Between a Tenant and a Lodger?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    That makes him a tenant as well as your brother.

    The argument is moot.

    You have several ways of helping your mother get your brother out. Start working on them.
     
  3. lawquestions

    lawquestions Law Topic Starter New Member

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    Now I am very concerned about which of you are correct in saying that my brother is a tenant or a lodger. I wrote the notice for my mom calling him a tenant at first. Then after reading up on it, it seems that he must be a lodger, (since he is listed as a guest on the lot). So, I revised the notice for her stating that he is a lodger. Now, I'm hearing that he is not according to some here. So, I am now very confused and don't know what to do.
     
  4. army judge

    army judge Super Moderator

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    I suggest you READ the information supplied on the links posted by several responders.

    No one can talk you through the process.

    You have bene pointed in the rIGHt direction.

    Now you can hire a lawyer or eviction company to evict dude (or have someone removed).

    It doesn't matter what status your uncle holds, as he's not involved in the eviction.

    As suggested previously, elder abuse might be EASIER, QUICKER, and CHEAPER.

    If you can only pursue eviction and dude refuses to leave, preferring his day in court, that could add 3 months to the timelines, give or take a couple of weeks.
     
  5. justblue

    justblue Well-Known Member

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    Was the person who listed him as a guest an Attorney? No?
    Then they could have listed him as a poodle...it doesn't make him one.
     
  6. lawquestions

    lawquestions Law Topic Starter New Member

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    I have READ the information and do appreciate the links given to me. However, I have found no concrete answers as to whether or not the eviction notice should state that he is a tenant or a lodger. This is what I need to know.
     
  7. justblue

    justblue Well-Known Member

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    The State Bar of California

    Call the California Bar Assoc. ad get a referral. You will likely will get a reduced initial consultation (45.00-65.00). Bring your mother there and she can get advice from a local lawyer who will have the facts to give proper guidance.

    I hope she is able to get her dead-beat son out ASAP. :)
     
  8. lawquestions

    lawquestions Law Topic Starter New Member

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    Being that anyone who answers questions on this site, probably knows a lot more about law then I do, I though this would be a good place to find answers to help my mom. Does anyone think it would be a good idea to state in the notice that he is a 'tenant and/or lodger' ...just to cover all basis, since no one seems to know for sure which he is?
     
  9. lawquestions

    lawquestions Law Topic Starter New Member

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    Thank you
     
  10. army judge

    army judge Super Moderator

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    You can ONLY obtain VALID LEGAL advice from an attorney you hire.

    Again, you might consider suggesting to your relative to hire an attorney to make sure this is done correctly.

    If she and/or her brother has been (is being) abused, you might wish to report the abuse to the police, sheriff, or office of elder abuse in her county and begin the process of obtaining an emergency order of protection which when issued will cause the ABUSER to be removed within hours, not weeks/months.
     
  11. lawquestions

    lawquestions Law Topic Starter New Member

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    My mother lives on a fixed income and cannot afford attorney fees. How do you report psychological abuse? Wouldn't it all be here-say and something he can deny?
     
  12. justblue

    justblue Well-Known Member

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    Request Rejected

    Weird ...Don't know why the link says that. It does take you to the Elder Abuse site for Cali.
     
    Last edited: Oct 27, 2019
  13. lawquestions

    lawquestions Law Topic Starter New Member

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    Would be a okay to state in the 60-day notice that he is a 'tenant and/or lodger' ...just to cover all basis, since no one seems to know for sure which he is?
     
  14. army judge

    army judge Super Moderator

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    A homeowner allowing someone to occupy a single room in their home should find it easier to remove the lodger than the typical tenant.

    If a homeowner allows a single “lodger” access to their dwelling, the homeowner can remove the lodger without having to go through formal eviction proceedings.

    In California under Civil Code § 1946.5, a “lodger” is defined as a person contracting with a homeowner for a room within a dwelling unit that is personally occupied by the homeowner.
    (Civ. C. § 1946.5.)

    In order to classify a person as a lodger, the homeowner must retain access to all areas of the dwelling unit and have overall control of the dwelling unit.

    If it becomes necessary to have the lodger removed, the homeowner must give the lodger a written termination notice.

    The homeowner must provide notice to the person that is at least as long as the days between rent payments, not to exceed 30 days. (Civ. C. §§ 1946, 1946.5.)

    Once the notice period expires, the homeowner can then treat the lodger as a trespasser and have the lodger removed accordingly by law enforcement personnel. (Civ. C. § 1946.5; See Penal C. § 602.3.)

    This CA attorney comments on lodgers in CA:



    Similar commentary:

    lodger's vs. tenant's rights (rent, lawyer, house) - San Diego - California (CA) - City-Data Forum

    The official State of CA commentary:

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

    mightymoose Moderator

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    It matters because of how the law is written. Because of that presence of the uncle, the son is a tenant.
     
  16. mightymoose

    mightymoose Moderator

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    He is only a lodger if he is the only occupant other than the owner. That is not the case.
    The lodger rule applies when a room is rented to one person in an owner occupied residence. If any other person is present besides the owner/lodger, then you have a tenancy.
     
  17. mightymoose

    mightymoose Moderator

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    Your uncle is then also a tenant. The lodger rule is out the window.
     
  18. mightymoose

    mightymoose Moderator

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    I agree it is entirely irrelevant what status the owner of the lot has given him. Per your description of the situation he is renting a room in a home occupied by the owner in which another room is also rented to another person. By definition the renters are tenants, not lodgers.
     
  19. mightymoose

    mightymoose Moderator

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    The key sentence in your article is this: "The laws and definitions of tenant and lodger may vary among states."

    In California there can only be one lodger in the owner occupied residence.
     
  20. mightymoose

    mightymoose Moderator

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    I will tell you for certain he is a tenant.
     

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