Legal Question in Real Estate Law in California

Re: Evicting a Relative

She can be evicted if your mother has capacity to sign the petition, otherwise you would have to obtain a conservatorship over her estate. Contact me directly.

Re: Evicting a Relative

When you say "her house is in an over 55 community", I assume you mean she is living in a manufactured housing community? If not, the following is totally irrelevant and I apologize for inferring where she lives. If that is the case, there are provisions in the Mobile Home Residency Law (Cal. Civil Code Sec. 798.34(c & d)) that protect your sister from eviction. She is essentially a caregiver, which means that her rights are not that of a tenant, rather she can only live in the home so long as your mother cannot care for herself. Get a written treatment plan from your mother's physician indicating that she requires full-time care and cannot live alone. That should be sufficient to get the manager to back off. If, down the road, your mother is no longer able to live in the home and requires in-facility care, you can rent the home to someone who otherwise qualifies (age) to live in the park pursuant to Civil Code Sec 798.23.5 regardless of rules most parks have against the renting of mobile homes.

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