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  1. #1
    Join Date
    Feb 2016
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    3

    Default Can Relatives Evict a Grandchild from an Elderly Grandparent's Home

    My question involves landlord-tenant law in the State of: CALIFORNIA

    My Mother is 81 years old and lives alone. Well, mostly alone. A few years ago, she allowed my now-25 year old Nephew to move in. There is no written contract for his staying any particular period of time, any money to be paid, or services to be performed (except for "looking out for grandma" a bit). Mom was letting this grandson live there since he had nowhere else to go (his parents don't want him back). He has a BA, but no formal job, yet seems to have some (not lots) of money. He pays nothing, in money or services.

    Now, Mother suffered a fall and Nephew is being asked to keep an eye on my Mother--limited to checking whether she's eaten (very occasionally cooking), whether she's drunk sufficient water, whether she's taken her meds. Reminding her and such.

    My Brother and I (Nephew is our Sister's son) are unsure if Nephew will do as asked, and our options if he does not (besides, obviously, paying for care). Can Nephew be told to leave or would he need to be formally evicted?

    Basically, since Nephew pays nothing and performs no services in lieu of rent...under CA Civil Code, does he even qualify as a lodger, since his room was not "for hire"? Everything I've seen regarding "single lodgers in a dwelling house occupied by owner" (CA Civ Code 1946.5 and others) include phrases akin to the "hiring of a room."

    Also, since he lives there, if he does NOT tend to her, could he be subject to elder abuse laws?

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

    Default Re: California Law: Can My Mother Get Her Grandson Out of Her House

    This could be a difficult task. You can ASK your nephew to leave, but, YOU cannot compel him to do so. Further, while he MIGHT be considered a lodger, if he has provided (or claims to have provided) anything of value to the household he may well be seen as a tenant. Given that he has a room and has lived there for years, the police will see him as a tenant and are almost certainly not going to forcibly remove him without a court order, so grandma will almost certainly have to pursue eviction proceedings to get him out the door if he will not depart voluntarily.

    And, no, he has not violated any elder abuse laws based on what he may or may not do in the future. And even if he lives there, this does not specifically obligate him to care for her. So, if he declines to monitor her food and medicine intake, that may make him an SOB, but, by itself, it won't make him guilty of a crime.

  3. #3
    Join Date
    Feb 2016
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    3

    Default Re: California Law: Can My Mother Get Her Grandson Out of Her House

    Thanks. Nephew says he WILL check on her. And the doctor said "she's not an invalid, she should be as active as she was very soon." Well, she was less than 2 weeks in rehab and was told she'd have a 1 week "transition" and after that, should be pretty much back to normal. She mostly is already, actually.

    I know that I haven't been visiting her as often as I might, Brother neither, but we are 250 miles away from Mother (different directions). Sister is a 15 min drive from Mother.

  4. #4
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    Default Re: California Law: Can My Mother Get Her Grandson Out of Her House

    Quote Quoting Dory
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    Thanks. Nephew says he WILL check on her. And the doctor said "she's not an invalid, she should be as active as she was very soon." Well, she was less than 2 weeks in rehab and was told she'd have a 1 week "transition" and after that, should be pretty much back to normal. She mostly is already, actually.
    Checking on her does not necessarily impose a duty upon him to take any action. Under the right fact set, and if she were otherwise clearly incapable of caring for herself, MAYBE it might result in criminal allegations if harm were to befall her. If you have any concern that he will not monitor her, I would suggest you hire someone who do the checking yourself. I would never leave my mother in a situation where she might be harmed by action or inaction of a party I could not rely on.

    I know that I haven't been visiting her as often as I might, Brother neither, but we are 250 miles away from Mother (different directions). Sister is a 15 min drive from Mother.
    Sounds like sis needs to take the reins on this one.

  5. #5
    Join Date
    Feb 2016
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    3

    Default Re: California Law: Can My Mother Get Her Grandson Out of Her House

    She has, and we've commended her. But it's fatiguing and frustrating.

    Three weeks ago, I spent a week at Mom's preparing her house for her return from rehab, with some help from Sister. It was a lot of work as Mom has hoarder tendencies and Sister just couldn't deal with that, so I got to deal with bag after bag to be dumped. Just back from another longer weekend with her return from rehab--less prep needed as most was done, but getting her used to being home again. We (Husband and I) took her papers to her/our tax man and Husband (a pharmacist) sorted out her meds--actually hardly any--but he made sure she understood everything and labeled everything as to WHEN to take WHAT in a manner that made sense to her. All she has is blood pressure and something for her bones (she had a compression fracture of a vertebrae), and some otc.

    She didn't like being out of her own house and doesn't want in-house care. I think she now understands that if she refuses to care for herself, she will not be given the choice of whether or not she gets in-house care...or if that's insufficient, assisted living. We know she wants to be in her home, we want her there, we want her to be happy.

    She says she'll try and she's actually almost there after just a week, pretty hardy. Sister will continue visiting, Brother and I will step up more. Mother is actually pretty strong; she should live to her 90s, and be competent for it, going by family history.

  6. #6
    Join Date
    Sep 2005
    Location
    California
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    Default Re: California Law: Can My Mother Get Her Grandson Out of Her House

    It is also possible that the nephew will actually step up and do what is needed for grandma. It may be a little premature to assume the worst ... though, it does sound like the nephew is freeloading. But, that doesn't mean that he would allow harm to come to grandma. Unless he has fallen into drug use or alcohol abuse, he may well be responsible.

  7. #7
    Join Date
    Nov 2013
    Posts
    672

    Default Re: California Law: Can My Mother Get Her Grandson Out of Her House

    How does Grandma feel about Nephew? Does she resent his "free-loading"? Does she want him out?

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