tenant issue my mother owns a home of which her son lives in.

tenant issue
my mother owns a home of which her son lives in. he had his girlfriend living there with him about 2-3 years. Problems have been occuring. She has overstayed her welcome. She asked my mother to come and help move her out on 6-30-09. When my mother was there the female contacted the police and used her children as a con and played the pitty side and stated my mother was evicting her without notice. There is no legal tenant rental agreement. My brother still lives there. What can be done to get her out asap?

2 thoughts on “tenant issue my mother owns a home of which her son lives in.

  1. Re: tenant issue
    Unfortunately, if she is living there, she needs to be evicted as if she did have a rental agreement. There is no short way out of this one.

    Have your mother provide her with a 60 day notice to vacate.

    If you require assistance, we would be happy to help you, and her, out.

    If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm’s website located at PasadenaEstatePlanning.com

    No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

    Scott Linden
    Scott H. Linden, Esq.
    1510 Cotner Ave
    Los Angeles, CA 90025

  2. Re: tenant issue
    Nothing can be done immediately. The removal of a tenant (if she can even be considered one) can only be done using court process. First, give her a sixty (60) day notice terminating her tenancy. It needs to be properly prepared, and needs to be served properly. Consult with an attorney if you need to because you don’t want to mess any of this up and have to start over. Because she has lived there so long, the notice period is sixty and not 30 days. I would suggest that you use an attorney service to serve her as their declaration of service is not going to be open to attack by the girlfriend.

    Upon expiration of the sixty day notice, when she doesn’t leave, you then need to file an unlawful detainer lawsuit. That will also take some time depending upon whether she fights it or not. Again, be sure to retain an attorney so it gets done properly. Any mistakes and you get to start all over again. Eventually, the Sheriff will come and lock them out. It is a long process, and will cost money, but if your mother is adamant that they leave, this is the only legal method of removing her.

    *Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC’s (the “Firm”) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

    David Gibbs
    The Gibbs Law Firm, APC
    110 E Avenida Palizada, Ste 201
    San Clemente, CA 92672-3956

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