rocknhardspot1 Asked April 2012

My mom wants my sisters family to move out. My sister says my mom has to give her an eviction notice. Is that true?

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My mom lives in California and after my father's death, she allowed my sister and my sister's daughter and husband to move in with her until she recovered from her grieving. Now she wants them to move out. My sister says mom has to give her an eviction notice. Is that true?

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golden23 Aug 2012
Follow up with APS. It would seem that persuasion may be your best ally if APS will not do anything. Would it be of any help to discuss this with her doctor, and if he is supportive have him discuss it with your mum? it doesn't sound like she is adamant, but rather concerned about everyone's feelings. The bunch (gang?) living with her are taking advantage of her, and do not sound like safe people to me. I would be very concerned if my mother were living with people like them. As you have DPOA can you not start charging them rent? Does your mum buy all the groceries. If so can you put a stop to that? Your mum might agree to some of this, especially if you can present it as them being responsible for themselves, as healthy adults should be. I am concerned for your mum as there has already been an "incident" regarding her physical safety, and I suspect where there is smoke there is fire. Good luck my prayers are with you and your mum.
(((((((((((hugs)))))))))) Joan
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jeannegibbs Aug 2012
If you have POA and your mother will not oppose you, you can take action to have your sister evicted. But if you do not have POA, or you have it but your mother objects to that action and she is not incompetent, then I think you are right. There is nothing you can do.
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Jeannegibbs, My mom does want them out but she has mixed feelings. It might hurt their feelings. It's ridiculous. My sister, her daughter and husband all work and do not pay rent or help with any expenses. I'm beginning to think, at this point, I probably can't do anything.
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jeannegibbs Aug 2012
Rock, why don't you serve eviction notice? Is there something preventing that?
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Cattails, Mom is 87, early stages of dementia. The dau, granddaughter and husband and child have been there 8 mos. They do not pay rent or any expenses. I know this because I monitor my mom's finances. My mom pays all the bills. I don't understand why they don't help, they all have jobs totalling over $100,000 a year. It is my mom's house, paid for. There has been one instance of abuse, but can't prove it. (Mom called me and said dau pushed her down.) The daughter has priors, perjury, drug abuse, the granddaughter's husband has one record of assault. He is currently on high powered pain prescribed, just got fired from job. I have contacted APS, but so far they have done nothing to help. Since your post, we recently hired an attorney and my name is now on the deed, I have DPOA and executor of Will, thank goodness. I just wish they'd get out and stop abusing my mom. Any ideas what to do?
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Rock: Could you give more information? It would be helpful. How old is your mom, how long have they been living with her. Do they pay rent. More details. Even if they pay rent, it's your mom's house. Do they argue? Is there abuse? I think the cards are stacked in your mom's favor, but some action needs to be taken. What city in Ca do they live in? Not trying to pry, just need more info to make suggestions. Whatever is needed, it needs to be done. Cattails.
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steviegirl Apr 2012
When I lived in NYC there was something called "squatters rights" and sometimes you do have to get the authorities to get involved to get them out. It's a shame that your sister can't take a hint and realize she's not wanted and leave.
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Survived2 Apr 2012
Dear rock, been there done this. How old is your mother? In every state there is a crimes against seniors hotline that can be called. You weren't very specific on why she wants them out. Bottom line. You, or have your mother make the phone call. If she can't be helped thru their unit then they will put her in contact with an agency that can and will intervene on her behalf. Good luck!
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JaneB Apr 2012
Is the someone else who can intervene with your sister to say, look, honor your mother and do the right thing here?
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helenk Apr 2012
One other thing to note is that if the municipality that she lives in requires notice, there may be very specific ways that it needs to be done, and there may be other steps and actions that would need to take place in order to be done properly and be effective. Finding out from a local source such as the policy or city or village should hopefully be of help. Most of them deal with these types of situations often, and if they do have rules about eviction, then they will know about them.
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