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  1. #1
    Join Date
    May 2016
    Posts
    1

    Default How to Remove a Family Member from Your Home

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

    First off, many Thanks for this opportunity to receive help on this issue and much gratitude to any and all who offer words of wisdom.

    My cousin has been trying to come to California for 2 or 3 years to research her ancestry. My father (her uncle) recently was injured in a fall and was paying for care at home. This niece offered to come out and help him so that she could 1. get out of the ice and snow of Wyoming. 2. do her research on ancestry. 3. have her home renovated while gone. and 4. Look for home to purchase. No money or terms of employment were discussed or offered other than help in paying her fare to California. Her offer to come out was purely to help out her uncle while she tended to her other needs for coming to california. In exchange she got a place to stay. We figured win/win. She can help out while we provide a place to stay while she deals with her other tasks and renovations. She has severe food allergies and brought her own special food with her and has purchased more of these special foods since being here.

    Original agreement: No offer of pay or compensation other than bus fare. She would stay for 6 weeks, go back home to tend to the renovation of her home and return if we still wanted her to help out.

    Two weeks after arriving, she said she wouldn't be able to get the contractors into her home due to snow and ice. She no longer needed to return home to manage the renovation as her daughter was now going to take care of it. Renovation would not be starting in 6 weeks after her arrival but not until 8 to 12 weeks later.

    About 5 days ago, she quit doing any care work for my father. He finally told her that he no longer wanted her to stay at the house if she was not going to be of any further help and asked her to leave on the first bus headed to Wyoming. She is now claiming that she is too sick to travel and needs another 30 days before she can travel. She is states that the cook spray Pam has created a toxic environment in her body that will take minimum 30 days before she can travel.

    She has created an unpleasant atmosphere in the home with her comments and behavior as well as her refusal to leave or continue helping my Dad in any way. She is no longer helping with the cooking or any of his other needs.

    My Questions are: Since she came out here under the terms of being a guest and offered to assist my father in return for the place to stay, are we in a tenant landlord situation or can we simply just have her removed from the home? Also, how do we go about getting her out of the house?

    Any help or advice will be great appreciated and I thank you for your time.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Removing Family Member from Home

    Have your father call the police and ask how they look at it. If they state they would come and remove her as a trespasser then have your father avail himself of their services. If they say they do not see it as a criminal matter, you father will have to evict her.

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