Legal Question in Landlord & Tenant Law in California

Hi I live in an apartment complex with my mother. Two years ago my mother rented a room to an 86 year old woman who is relative of the manager who manages the apartments. The elderly woman has cause problems telling doctors and strangers that my mother and I have stolen her belongings and money from her room. She has called the cops on my mom but when the cops come she tells a different story saying no one has stole her money and that she never said that. I have taken upon myself to call adult protective services saying that she's is incapable of taking care of herself and that she belongs in a home since she doesn't have family here who will take her. Social services, the police, and adult protective services has told me that its illegal to kick out an elderly since she already established residency. After telling them that this lady hoards her dirty toilet papers and hasnt shower or bath for two years and that our apartment smells really bad and the manager doesn't seem to care or help they say that we cant do anything but to move to a different location. My mother and I don't know what else to do and we don't want to move out either we have no where to go. How can we evict this lady who is causing my mothers health and life. Also, we are not her family and she is not in our apartment contract either.


Asked on 2/11/16, 9:14 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You should check with an attorney in your area to determine whether your dwelling is covered by rent control and your mother's options. In any case, serving a notice to cure or quit might be appropriate if she is creating a nuisance, particularly if she's creating a health hazard or physically threatens your mother's safety. It's too bad APS won't get involved. Can you talk to a supervisor? In every lease agreement (even an oral one), it is implied that the [sub]tenant will not interfere with the quiet enjoyment of the premises by others.

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Answered on 2/13/16, 1:35 pm


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