Legal Question in Real Estate Law in California
Family want's mothers boyfriend out of her house
My mother is in the hospital and it is unknown when or even if she will be able to return to the home she owns.
Her injury involved brain surgery. Currently her communication abilities are limited. She mouths words but has no voice due to a trachiotomy, so her mental capabilities haven't been evaluated yet.
She is the owner of the house. She has known the gentleman for a couple of years. When the place he was renting was sold, he moved into her house (he's been there about a year). He doesn't pay rent, there was (and still is) no written agreement between them. His contribution to the household is that he pays the bills with her money for another property that my mother owns from a joint checking account that was established for this purpose.
We have asked him to move out so that my sister can move in.
He says he will move out, but he still wants access to the house.
We have told her that we asked him to move out and she agrees (but hasn't told him). Before all this happened, she set up a durable power of attorney. My father (who is deceased) was named primary, myself secondary.
So here's my question:
Can we/I force him out if he doesn't co-operate with us?
3 Answers from Attorneys
Re: Family want's mothers boyfriend out of her house
Assuming the durable power of attorney you refer to relates to assets, and that your mother remains incapacitated, and does not pass away, you, as your mother's agent, can probably bring an unlawful detainer action against the "tenant."
That will require, in all probability, a 30-day notice to terminate his tenancy, followed by a lawsuit if he does not leave. However, before deciding on this course of action, you should probably consult with an attorney in your area, so that your power of attorney can be looked at and evaluated, and to ensure that there are no local ordinances which might prevent or limit the "tenant's" removal.
That being said, unless you are certain your mother would like the "tenant" removed from the house, you might consider waiting at least until you can effectively communicate with your mother before deciding to forcibly remove him.
Re: Family want's mothers boyfriend out of her house
If the power of attorney is valid and provides the agent powers to cover rental property, then you can give the tenant notice as required by law and bring an unlawful detainer action against him to remove him if he doesn't leave after that. This should be done with the help of an attorney. Before doing so, however, consult with your mother's doctors regarding her mental capacity--is she capable of making and understanding decisions herself? If so, you'll have to communicate with her and do what she wants to do.
Re: Family want's mothers boyfriend out of her house
A 'durable power of attorney' more often than not is for health care matters, rather than asset-management decisions. Also, the patient doesn't seem incapable of expressing a yes or no if the proposition of throwing out her friend is put to her. I would advise you NOT to interfere with the status quo until you and the others are certain your proposed assumption of power is fully appropriate under the law and under your mother's wishes.
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