Q: Can I evict my 90 year old mother from my home; I reside in CA?
My relationship with my mother has always been difficult, but I brought her into my home and was willing to allow her to live with my husband and I until the end of her life. This was a mistake. She has always been a mean-spirited, narcissistic personality, but she now behaves in ways that are far beyond her usual toxicity. My husband and I are in our seventies and this is too much for us to bear. Our health has suffered due to the constant stress she induces. My mother refuses to allow a home health nurse to come in - literally kicked her (the nurse) out of my house when she tried to assist me with my mother's care. I am committed to caring for my mother until she finds an alternative living situation, but I've given her a date of August 11th to be out - she is refusing to leave. In truth, I feel like an elder who is being abused in my own home. What recourse do I have?
A: Contact a real estate eviction attorney. He will advise you on the proper notice to be given to her. If you fail to follow the proper notice procedure and she fails to leave, you might have to wait even longer to get her to move out, and if you tell her to leave and she fails to leave and you change the locks on the house or exercise some other self-help remedy, you might incur personal liability for wrongful eviction (that's why you need the help of a good real estate eviction attorney to advise you). Good luck!
Ryan Beiser agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- View Profile
- Answered
A: You can, but there are various procedural steps you will need to take. You will probably need a lawyer who specializes in landlord tenant law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
