Legal Question in Landlord & Tenant Law in California
My parents are having trouble getting my 30 year old brother to move out of their house. He is a drug addict and is extremely verbally abusive toward both of them especially my father since he is the only one that confronts him about getting a job. He does not work or help around the house in any way and refuses to go to rehab. Here is where it gets complicated; My father has told him numerous times to leave but my brother just swears at him and says no, or just ignores him and walks away. My mother wants him gone but has given up on telling him to leave. My father is fed up and wants to leave my mother and go somewhere far from my brother but my mother cannot afford to take care of herself and my brother. They find it "hard to say no" to any of their children and give him what little money they have when he asks for it by lying about the reason he needs it, therefore fueling his drug addiction. My sister and I want to help our parents financially but do not want our money to go toward our brother's Crystal Meth and Marijuana addiction which will undoubtedly increase his abusive behavior. My parents tried to get the police involved but they can not help since my brother has belongings and receives mail at their home. My brother has already physically threatened my father while under the influence. My parents are old and feel like prisoners in their own home. They don't have much money and need to find a way for the law to get him out without fear of physical harm. Is there a way that a judge can issue an order for eviction where the police will remove him physically if he does not comply with the law. If I type one up for my parents, he will not take it seriously and probably throw it back at them. It is not fair for parents to fear their children.
2 Answers from Attorneys
You should call the San Diego County District Attorney's Elder Abuse Hotline at: 800-510-2020. You can also call the San Diego PD Elder Abuse unit if you are in the city of San Diego at SDPD at (858) 484-3154 or (619) 531-2000.
Yes you may have him evicted or perhaps get a restraining order with a kick out order if there has been threats of harm or abuse. Contact me directly.