Legal Question in Real Estate Law in California
Property of a Senior Citizen
My mother's name is on the deed of my grandmother's house(who is still living). My uncle and his wife are living with her at this time. But they ar destroying her house and property. My grandmother wants them out. But my uncle and his wife will fight to stay because they are not paying any rent. My grandmother is so old, and doesn't have the strength to argue and force them out. What is the best way legally to get them OUT?
3 Answers from Attorneys
Re: Property of a Senior Citizen
Since your mother is an owner of the house and your uncle is not a renter, give him and his wife written notice that they, because of destruction of property and emotional upset to an elderly woman, must leave within 5 days or they will be considered as trespassers and subject to arrest by the police. Make arrangements as to when all of their furniture and clothing must also be out and what is to be done with it if it is left behind. First call local social services for assistance for elder abuse; the District Attorney's Office may also help. You can also call Len Tillem on KGO radio a.m. who does a talk show on legal issues [everyday but Saturday] and is an attorney in Santa Rosa specializing in elder abuse matters. If you think there will be any violence when they are forced to leave, get the police to come.
Good luck.
Re: Property of a Senior Citizen
Your mother's legal right to do what Mr. Shers recommends arises from the fact of being a co-owner. If she is indeed a tenant in common or a joint tenant with your grandmother, she has a right of possession to the entire house, shared with your grandmother's identical right, and either of them can exercise that right to eject a trespasser. If the uncle and wife were occupying the house under a claim of right, e.g., they asserted that they were not trespassers but were the owners, a legal action called a suit for ejectment would perhaps be necessary.
I don't know why Mr. Shers mentioned a Santa Rosa attorney - your Zip Code doesn't show - but I know that attorney and I can give you her name if desired.
Re: Property of a Senior Citizen
Your uncle and his wife are what the law calls tenants at will (they are staying there at the will of the owners--you and your mom). In order to terminate a tenancy the law requires you give 30 days notice, and then proceed with an unlawful detainer action if they do not move out. I doubt the Sheriff or police would be of any assistance unless you first get an unlawful detainer judgment. You can try, but they will probably tell you, "It's a civil matter."
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