Legal Question in Landlord & Tenant Law in California

Eviction

My mother (76 years old and disabled) currently resides in my California home. About 10 years ago she allowed my brother and his family to move in. My brother is disabled. Recently my brothers wife became abusive and was asked to leave which she did, leaving my brother behind. My mother is not capable of taking care of my brother who has become abusive also. He has never been charged rent. How do I evict him. I am worried that he may become more than verbally abusive to my mother as his illness progresses.


Asked on 3/26/08, 8:41 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Eviction

I have been reading Mr. Cohen's answer for the better part of a year, and this is the first time I respectfully disagree with him.

Since it is your home, you can evict him, and your mother is not involved (assuming it is your home).

Serve him with a 3 day notice to quit as a nuisance, then file eviction papers and have him removed.

If you need more, do not hesitate to e-mail my office.

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Answered on 3/27/08, 9:15 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Eviction

You cannot do anything other than petition the court to be appointed your mother's conservator -- since she can't take care of her own financial affairs. Once you have the appointment, you may make such decisions and act on her behalf. If your brother has threatened you and your mother, you might seek out a domestic violence restraining order or civil harassment restraining order, based upon whether you live at the same place, too.

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Answered on 3/26/08, 9:30 pm


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