Legal Question in Real Estate Law in California

Re: Is rental termination notice to ''unfit'' landlord legally binding?

If the housemate moves out as promised, no problem, of course.

If he doesn't, or you are concerned that he will not, an eviction proceeding would probably be advisable and perhaps legally necessary. The problem is that he would likely be elevated to the status of a tenant by virtue of facts and circumstances and an agreement having the effect of a lease could be inferred by a court. Your power of attorney is probably sufficient to give you the power to carry out the eviction.

The fact that you've inquired suggests you're anticipating trouble with the 'promise' to move out, or that he has already reneged. I suggest you consider hiring an eviction service or a local attorney if the process is daunting or distasteful to you.

Re: Is rental termination notice to ''unfit'' landlord legally binding?

You should immediately deliver a 30 day notice to terminate the tenancy (assuming you believe that he is not planning to move). If you think he is planning to move, you might offer to help him do so. This will give you a feel for what his true intentions are.

After 30 days, you can begin the eviction process. The process could take about 15 days to 2 months, depending on how he responds.

Re: Is rental termination notice to ''unfit'' landlord legally binding?

There shouldn't be a problem with his notice, and the power of attorney, unless limited, should allow the named agent to deal with him on your mother's behalf.