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  1. #1
    Join Date
    Mar 2015
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    1

    Default Use of an Elder Abuse Restraining Order to Effect an Eviction

    My question involves an eviction in the state of: California

    Hello, I have been living on my grandfather's property for the last three years. He has not been living in the home since June 2014, and is currently living with his son. They told me they wanted me to leave the property and I told them they'd have to go through the eviction process to do it, (I'm considered a month to month tenant although rent hasn't been paid since November because of the landlord's (his son) failure to provide a written rental agreement and I do not trust his son to give the money to his dad, as his actions in the past have been hostile.

    Instead of filing an unlawful detainer, I was given an EA-100 (Reported Elder Abuse and restraining order) which they say my failure to comply with the move out has caused severe emotional distress to my grandfather, and I have a court date scheduled for April 9th. I have never physically or verbally assaulted my grandfather, I am not his caretaker, I simply am a tenant in his home. If he is not living in the home can my actions really be seen by a judge as elder abuse and can they legally remove me from the property without cause, (I'm not breaking any laws, I do not contact my grandfather regarding his home once it was requested that all inquiries be handled through his son). Will they have to prove elder abuse or is this document able to remove me from the property? Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Restraining Order for Eviction

    If you were served with the paperwork and NOT an ex parte order kicking you out of the property, it seems clear that a judge wants to hear the arguments before booting you out. Whether they can show sufficient cause to issue the order, no one here can say as we do not know their arguments. It could well be that your actions drove your grandfather out and that their reasonable efforts to ask you to leave have fallen on deaf ears, and they believe a case can be made that you have taken advantage of grandpa by your actions. Quite frankly, it seems a rather childish thing to be living rent free and taking advantage of your grandfather. A judge is not likely to be too sympathetic. if not in the pending hearing, but in any upcoming eviction proceeding, you are not likely to come across looking all too good.

    It seems clear that you are no longer welcome on the property, and the fact that you have not paid rent for more than 5 months (regardless of your reasons), you will eventually be booted off the property. Perhaps it might be best to save yourself time and money - and the stain of an eviction on your financial history - and just move out.

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

    Default Re: Use of an Elder Abuse Restraining Order to Effect an Eviction

    Should we infer that an ex parte order was denied? If so, you can appear at the hearing to contest the application for an order. It would be sensible to have a lawyer assist you.

  4. #4
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Use of an Elder Abuse Restraining Order to Effect an Eviction

    Not paying rent could be viewed as a form of abuse. And as stated earler we have no way of knowing if your behavior was the reason he moved out. It does seem strange that he would leave his home where one family member is living to move into the home of another family member. I hope you have the money for the months you didn't pay rent. If you don't it will likely be viewed as abuse. If as you say, you were withholding the rent because you wanted a lease, you can prove that by having the rent. Although I'm sure you will have to move.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Use of an Elder Abuse Restraining Order to Effect an Eviction

    Quote Quoting Mercy&Grace
    View Post
    Not paying rent could be viewed as a form of abuse.
    Nonpayment of rent, of itself, where the person not paying rent is otherwise a lawful tenant? That would not fit the statutory definition:
    Quote Quoting California Welfare & Institutions Code, Sec. 15610.30.
    (a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:

    (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

    (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

    (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.

    (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.

    (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.

    (d) For purposes of this section, "representative" means a person or entity that is either of the following:

    (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult.

    (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.
    Also,
    Quote Quoting California Welfare & Institutions Code, Sec. 15657.03(a)(3)(B).
    (B) An order excluding a party from the petitioner's residence or dwelling, except that this order shall not be issued if legal or equitable title to, or lease of, the residence or dwelling is in the sole name of the party to be excluded, or is in the name of the party to be excluded and any other party besides the petitioner.
    Definitional issues aside, if (as we have been told occurred) rent was paid during the months after the owner moved out, there's an argument to be made that there is an exclusive, oral month-to-month lease that prevents the use of a protective order from being used to put the OP out of the home.

    But absolutely, this tenancy is going to come to an end and it would benefit the OP not to have an eviction (or, for that matter, a protective order if one is granted) on his record.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Use of an Elder Abuse Restraining Order to Effect an Eviction

    Quote Quoting jarredr93
    View Post
    My question involves an eviction in the state of: California

    Hello, I have been living on my grandfather's property for the last three years. He has not been living in the home since June 2014, and is currently living with his son. They told me they wanted me to leave the property and I told them they'd have to go through the eviction process to do it, (I'm considered a month to month tenant although rent hasn't been paid since November because of the landlord's (his son) failure to provide a written rental agreement and I do not trust his son to give the money to his dad, as his actions in the past have been hostile.

    Instead of filing an unlawful detainer, I was given an EA-100 (Reported Elder Abuse and restraining order) which they say my failure to comply with the move out has caused severe emotional distress to my grandfather, and I have a court date scheduled for April 9th. I have never physically or verbally assaulted my grandfather, I am not his caretaker, I simply am a tenant in his home. If he is not living in the home can my actions really be seen by a judge as elder abuse and can they legally remove me from the property without cause, (I'm not breaking any laws, I do not contact my grandfather regarding his home once it was requested that all inquiries be handled through his son). Will they have to prove elder abuse or is this document able to remove me from the property? Thank you.
    You're going to be forced to move eventually. Would you prefer an eviction on your record along with a perfectly legal, but extremely negative, reference? Choose wisely.

  7. #7
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Use of an Elder Abuse Restraining Order to Effect an Eviction

    Taking advantage of the elderly or disabled for financial gain can be viewed as abuse.

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