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  1. #1
    Join Date
    Mar 2012
    Posts
    2

    Default Re: How to Remove Squatter Out of My Home

    I thank you for your answer, I was not clear in what I was writing because I thought that my statement must be short. I have the POA for my others finances etc. Which does include dealings with the home. Because my mother was not satisfied with the woman and I saw the my mothers living situation I ended the services of this person. At that time I did not have the POA. I did go to the Landlord/Tenant court and received very little help. The supposedly caregiver abused my mother's bank account and has posed as my mother's daughter. Her name was found on Utilities Bills with my mom's and for a short time together on my mother's debit account, even by doctor visits they thought the caregiver was the daughter. When I found out this information I did not have the POA. I did have an Elders Lawyer to look into this however he said it would be difficult to prove that the money taken from the account was without my mother's permission etc. I just want to know how I could get this woman out of my mother's home legally. My mom does not want her there and the rest of my family does not either. The lady is not a certified caregiver but someone my mother has known over the years and secondly, and she is not a tenant as I have said before! So maybe you might have a better suggestion for me this time!!!!!

    Mr. Knowitall!!!! You would not be human if you did!!! However, I am very new here to this forum and I do not know where exactly to post question. And if you did know where I should post it, it would have been quite kind of you to let me know. Again I thank you for your interest to answer me.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: How to Remove Squatter Out of My Home

    In spite of your emotional outburst (is your exclamation key now broken?) toward someone who did, in fact, respond to your request with legitimate answers, I will try to explain further.

    If you have already spoken to an attorney about this person's use of your mother's finances and daughter personation, and been told that you have little or no recourse, then you already have more competent advice than I can give. Therefore, I will not attempt to address that issue.

    I will confine my response to:

    Quote Quoting ynobe1a1
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    I just want to know how I could get this woman out of my mother's home legally.
    Now, you say:

    Quote Quoting ynobe1a1
    View Post
    My mom made a verbal agreement that she could live in her home if she care for her
    Unfortunately, that directly contradicts these statements.

    Quote Quoting ynobe1a1
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    I understand that a caregiver is not a tenant and she can not be treated as such.
    and

    Quote Quoting ynobe1a1
    View Post
    and she is not a tenant as I have said before!
    Since your mother (prior to you obtaining the power of attorney) invited this person into the home to live, she has established residency. So, a tenant is exactly what she is. It does not matter that you feel she did not live up to her part of the arrangement, she has established legal residence. She is not a squatter or a trespasser - she is a tenant. Therefore, your dilemma is a straightforward landlord/tenant dispute. In order to legally evict her, you need to do exactly that...legally evict her (since you now have POA, you can do this in your mother's stead). That requires you follow landlord/tenant law, follow the legal process, and cannot be done overnight. You will have to serve her with notice to vacate, then notice of eviction, etc. I am not familiar with the specifics of this process for DC, but perhaps you can get more detailed advice in the forums regarding landlord/tenant issues.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Remove Squatter Out of My Home

    If this person's employment has been terminated, and the housing was provided as a part of their employment (not a separate tenancy), no further notice to quit is necessary before an eviction action is commenced:
    Quote Quoting California Code of Civil Procedure, Sec. 1161.
    A tenant of real property, for a term less than life, or the executor or administrator of his or her estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:

    1. When he or she continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him or her; provided the expiration is of a nondefault nature however brought about without the permission of his or her landlord, or the successor in estate of his or her landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in the Civil Code.

    * * *
    As it sounds like a lot of formalities may have been overlooked in the formation and management of the employer-employee relationship, though, it would make sense to have the issues and details reviewed by a lawyer.

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