Legal Question in Landlord & Tenant Law in California

Removing unwanted house guest and son

I have a kind heart but not a very smart one.

A woman and her son have established residency in my Mother's home. The woman does not pay rent or contribute anything to the household. My Mother is on medication for mental problems and avoids conflict at all costs. This woman has a warrant for arrest for driving on a suspended licence. She is very vindictive and my Mother is afraid to give her a 30 day notice. My Mother also feels concerned where the 13 yr.old will live. It's easy to say, just call the police and she will be arrested. We are dealing with more than one issue here.

1. Does the threat of retaliation change the evection proccess?

2. Does the 30 day notice stop if she is in jail?

3. Are there any laws that are relavent when there is a minor involved?

4. When theft of belongings are involved, what kind of proof does a homeowner need to press charges?

5.Is there a quick and easy way out of this situation?

6. Scratch #5. I aready know the answer.

Thank you for your time


Asked on 1/24/09, 5:43 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Removing unwanted house guest and son

How did the woman and her son first move in? What were the terms of their being allowed to stay there? If she was never required to pay rent then she is not a tenant and no 30 day notice is required. It is not your mother's responsibility as to where the 13 year old will live; your mother needs to take care of herself first. She is ill and must look after her own health before worrying about that of another person over whom she has no control nor duty. There are many things in the world that are not as good as they should be, but your mother is not going to change that my risking her own health to help some one else. If she should have a relapse and could not pay he mortgage, the 13 year old would be forced out too, but she probably can not stay healthy with the minor's mother there, so in any case the 13 year old will at some time be forced out of your mother's house.

I may have some other thoughts later.

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Answered on 1/26/09, 3:02 am


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