Portland, OR asked in Elder Law for California

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?

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2 Lawyer Answers
James Edward Berge
James Edward Berge
  • Elder Law Lawyer
  • San Jose, CA
  • Licensed in California

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

Ryan  Beiser
Ryan Beiser
  • Irvine, CA
  • Licensed in California

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.

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