Bob/PKB
She is in mid-60's, is buying her own home, semi-retired. Her older son and his girlfriend (both in their 40s) have been living in her home for nearly 10 years. She offered them a place when they lost their jobs and couldn't afford their apartment....it was SUPPOSED to be temporary. The GF went on disability and the son has bad asthma at times. They have contributed NOTHING towards bills in all this time. There is considerable tension in the home.
My friend was told that she can not "evict" them without 6-months notice AND that SHE has to pay for their new housing. She said this is what she was told by the local police department.
If anyone has a legal background or has encountered a similar situation, please advise. She lives in Central California. THANK YOU.
THANKS AGAIN!
8 Answers
bluesman1951
Best answer!
Sadly I have been evicted and it dont take that long ,not nearly that long . If you have no lease or written agreement and you own the house ,its my belief that you call the cops and put the stuff in the street and they leave now .All this 30 60 days stuff is just crap. You file in landlords court have the papers served takes maybe 3 days Go to court takes a week to get a date,maybe when the judge says to go then they have 7 to 10 days at the discresion of the judge .Total time involved is less than 20 days . Get a restraining order as well. All this other stuff is just wishful thinking. There is another thing called substanial breech happens when you raise your voice and cuss out the landlord this is not repairable and you are on the street lock stock and barrel all your garbage in 3 days . No kidding !!!!! even if the rent is payed to the end of month.. Pays to be nice . Time for some good answers and some homework !!!! Who ever said anything about six months and you paying is smoking a lot better weed than I can get here ..You are not defenseless here. It pays to know how to fight !!!!! The cops here are morons and clearly dont know the law . Mostly their purpose is to write things down after the fact . They rarely prevent anything and it seems their number one job is to be revenue thugs for the city government by writeing tickets and stealing private property.
| 13 years ago. Rating: 3 | |
Chiangmai
If there's no written agreement between your friend and her son, then, at least in the State of Hawaii, I'd just treat this case as you would a holdover tenant. I'd would send him, via certified mail, asking him to vacate the premises within seven (7) days. After seven days have elapsed, I'd would file for eviction immediately. The judge may grant them a reasonable time to vacate ( 14-28 days), During this time, it would be prudent to have someone stay with your friend or have her move out, just to be safe.
| 13 years ago. Rating: 12 | |
coccodrillo
no its not true what the police told your frind ,you friend should talk to a lawyer that specialize in evactions,will take about one month and they would be out.cost about $250.00 and she hafto do nothing else let the law take over.and social service will take care of the seblings, remember parents they not responsible for their children financially and visa versa hope i been some help
| 13 years ago. Rating: 11 | |
ed shank
California is a weird place. But your friends advise from the cop is probably wrong. An attorney is who your friend should consult.
P.S. I like Cali, lived in SF for a few years. It is different though.
| 13 years ago. Rating: 9 | |
leosmaml
dad59
IF the law enforcement told her/him this BULLSH*T, she needs to contact their superiors, because again it's B/S an someone didn't want to do their job. Eviction usually takes 30-60 days and your friend isn't liable for their new living arrangements or moving cost, unless new laws have been written, when, I worked sheriff dept. in FL, we handled alot of evictions an never heard/learned the b/s these cops tried to tell your friend.
| 13 years ago. Rating: 7 | |
FISH-O
Wow. This man is family. Family doesn't do that. Can you divorce a son in California? Because once the eviction is legal I would then divorce the son. He can go shopping on line for a new Mom...you can shop for anything on line...I think...ETSY Mom....with house. Amazon.Mom.com.
That man and his significant other should exercize their right to get on with their lives. What a waste and how nasty are they?
Good luck to your friend.
| 13 years ago. Rating: 5 | |
Exercise their rights and get on with their lives would be getting their own place and doing their own thing on their own dime.
There are alot of parents who run interference for their kids and protect them from every consequence or hardship that might come their way. These parents don't have their kids' true best interests at heart. We need to stand on our own and face the punishment when we mess up. Limits...
There actually are a lot of parents in this situation or similar ones. Yesterday I heard of a woman who has 4 children who treat her in a very like minded way to this son. One of them actually broke into her house when she was on vacation and stole food from her freezer... upon return and questions asked the daughter saw no flaw in her actions.
I am wondering if these children think they deserve to be taken care of indefinately.
The divorce thing was for lightening things up...visiting rights would set up boundaries...that could be the key. A generation of parents that didn't know how to set up boundaries. I know that I am at fault in that department.
I hope the woman can sort things out. It would be wonderful if she could have a positive relationship with her son and his girlfriend.
| 13 years ago. Rating: 4 | |
Again, thank you!
