Legal Question in Landlord & Tenant Law in California

Does Mom Need to Evict Her or Just Kick Her Out??

My neighbor w/2 young sons live(d) in the 3-rm back-section of her parents home. She was close to her dad & took care of him until his death. She's in her 30s yet the youngest in the family. Dad told her as long as she lived under his roof she wouldn't have to worry about anything. In essence, she was his favorite. Her dad died 2 mos. ago, & now 1 of her sisters (who lives a block away), is calling shots for her mom's household. Sis is close with mom & has always been jealous of the youngest. Sis & Mom have been pushing my neighbor move out so they can let a brother move in upon release from prison.

During an argument 3 wks ago, Mom called police & lied by saying that her youngest hit her (an outright lie). The police told my neighbor to leave for the night to let mom cool down, that was 3 wks ago.

Meanwhile, her property is still at her mom's and her mail is still delivered there (she found a stack of her mail in the trash on her last attempt to return home).

She Wasn't a formal renter, but she paid mom what $$ she could every month. Can her mom kick her & the kids out or does she have to evict her? She only wants to stay at mom's until she can find a decent place. Does she have any legal rights?


Asked on 11/22/05, 8:16 am

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Does Mom Need to Evict Her or Just Kick Her Out??

Yes, the daughter would be legally viewed as a tenant, and would have to be legally "evicted" in order for mom to "kick her out". If daughter would like further, immediate assistance in this matter, contact us directly today.

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Answered on 11/22/05, 11:08 am


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