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  1. #1
    Join Date
    Apr 2007
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    3

    Default Evicting A Caregiver After The Owner Of A Home Passes Away

    The home is in Bell Gardens,CA. And the owner passed away. The caregiver is a family member who is going to want to stay there. They do not have a lease or other written contract and have never paid any rent. The homeowner has it in the living trust that upon death the home will be sold. This family member has a history of milking the system and will be difficult to remove as they have already made it known that they want the house. What kind of notice is required to remove them so that the house can be prepped for sale without any resistance from the people living there. This is going to get ugly as it is their nature to do things like this, so the quickest possible solution is needed. Thank you in advance for any assistance you may be able to give.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Evicting A Caregiver After The Owner Of A Home Passes Away

    It I were the trustee I would approach it as if it were an employment situation, and go through the formal eviction process:
    Quote Quoting What if the tenant works for the landlord?
    If the tenant works for the landlord and lives on the property without paying rent as a condition of employment, the landlord can file an unlawful detainer if the tenant no longer works for the landlord. It doesn't matter if the tenant quits or is laid off.
    Lots of information on California evictions is available here.

  3. #3
    Join Date
    Apr 2007
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    3

    Default Re: Evicting A Caregiver After The Owner Of A Home Passes Away

    Thank you for the info, but I guess the details have changed a tad. Apparently, the caretaker/family member was paid $200 per month and room and board in exchange for taking care of the homeowner. Does this change anything?

  4. #4
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    Default Re: Evicting A Caregiver After The Owner Of A Home Passes Away

    What would that change? The employment has still ended, and if they refuse to vacate you still have to pursue an unlawful detainer action.

  5. #5
    Join Date
    Apr 2007
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    3

    Default Re: Evicting A Caregiver After The Owner Of A Home Passes Away

    Thank you. This is why I came here for the answers. We really appreciate your advice in this matter, you and the other advisors are a credit to the system helping the public with your knowledge. Thanks again.

  6. #6
    Join Date
    Jul 2006
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    392

    Default Re: Evicting A Caregiver After The Owner Of A Home Passes Away

    Mr.Knowitall, since the one who was giving permission for this person to be there, is no longer there, can the person be charged with tresppassing now??

  7. #7
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    Default Re: Evicting A Caregiver After The Owner Of A Home Passes Away

    Not before the estate terminates their employment and, if necessary, pursues an unlawful detainer action.

  8. #8
    Join Date
    Jul 2006
    Posts
    392

    Default Re: Evicting A Caregiver After The Owner Of A Home Passes Away

    Quote Quoting Mr. Knowitall
    View Post
    Not before the estate terminates their employment and, if necessary, pursues an unlawful detainer action.
    Thank you very much!

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