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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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    Thank you army judge. This is the same information that I read which lead me to believe that my brother is a lodger instead of a tenant. But, on this post people are saying that he is a not a lodger but a tenant just because my uncle lives there as well. This is why I am asking if it would be okay to to put 'lodger and/or tenant' in the 60-day eviction notice in order to cover all basis?
     
  2. justblue

    justblue Well-Known Member

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    sigh...Why not just spend $50.00 to get a consult with a local attorney?
     
  3. army judge

    army judge Super Moderator

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    It would be much easier to pursue the emergency order of protection because the 50 year old bully is said to be abusing TWO elderly, disabled, ailing people.

    Our Mighty Moose is CORRECT, that for a person to be a LODGER, there must only be ONE person living in the owner/occupied premise in California.

    None of that matters, IF THE DEADBEAT IS BULLYING AND ABUSING TWO ELDERLY PEOPLE; no get out notice, no 30/60 day waiting period, more waiting to go to court, no court nonsense, then a little more waiting before the sheriff arrives to set the moocher's junk on the curb and make him get!

    Just put tenant, and prepare to wait 30/60 days before an eviction case can be filed, then another 30-60 days for the trial, then 72 hours (I THINK, maybe a few more hours) until the sheriff arrives to get the bum gone.

    With any luck, it'll take until after New Year, maybe longer, depending on where your mother resides.
     
  4. mightymoose

    mightymoose Moderator

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    You could put the Pledge of Allegiance on it if you wanted. The exact wording is not important. What matters is that the notice is given.

    I agree your best route is to pursue a restraining order and involve Adult Protective Services. If there is abuse taking place they will end it in a hurry. No eviction needed.
     
  5. Zigner

    Zigner Well-Known Member

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    A little clarification: The law for expedited removal of lodgers (1946.5) only applies when there is a single lodger. Since there is more than one lodger, mom can't use 1946.5 to get one of them out. To be clear, in CA law, lodgers and tenants have the same rights (except as outlined in 1946.5), so, whatever you want to call them, mom still has to formally evict.

    From California Code, Civil Code - CIV § 1940 | FindLaw
    (a) Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.

    From California Code, Civil Code - CIV § 1946.5 | FindLaw:
    (d) This section applies only to owner-occupied dwellings where a single lodger resides.  Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.

    (emphasis added in both)
     
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