Legal Question in Wills and Trusts in California

The trustee would be stepping into a minefield without an attorney. There'd be a very serious question as to whether the landlord must reasonably accommodate the tenant's disability by allowing the presence of a home health aide/assistant for him. The trustee also should ascertain whether round-the-clock care or only occasional assistance is necessary before the trustee's new lawyer weighs an eviction.

Because the trustee is acting in his capacity as trustee and not in his own individual capacity, the law requires the trustee and the trust to have an attorney to represent it in the eviction. Given the complexity of the situation, the guidance of an experienced attorney is the only reasonable course of action here. I can see an enormous fight over the issue of whether the individual is capable of living in the home without violating the terms of the trust.

The question of whether an eviction action would be successful requires a very careful analysis of the trust language, whether there is a lease document in place, the disability, and what is actually happening at the house. The trustee who attempts an impermissible eviction subjects himself (and possibly the trust assets) to a significant amount of liability.

You have received good answers, however any answer given by anyone who has not thoroughly reviewed the trust documents is potentially completely wrong. You need to see an attorney in person.