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Home > Law > Real Estate Law   »   daughter won't leave her mother's house

 
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Old Jan 13, 2007, 11:03 AM
Beckyj1
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daughter won't leave her mother's house

My grandmother owns a house in California. Her daughter moved in with her about 4 years ago, supposedly to help take care of her. She was not paying rent or any other bills. About 18 months ago, my grandmother kicked her out because she was not helping and was stealing, but all the daughter's stuff was still in the house. My grandmother came to stay with us for a few days, and during that time, her daughter broke in and stayed in the house with her boyfriend. The police were called when we took grandmother home. A couple months later my grandmother had a stroke and was committed to a nursing home. As soon as that happened, the daughter broke in again. My brother is the POA for my grandmother and allowed the daughter to stay in the house free-of-charge. He pays all of the utilities, taxes, etc. Now he needs to sell the house to pay for my grandmother's care, but the daughter refuses to leave. She thinks she has rights to stay in the house, but we have pretty well established that she does not meet the requirements for adverse possession or an easement. What are our options to get her out? Do we have to go through a formal eviction process?

Thanks for any help!

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Old Jan 13, 2007, 11:13 AM   #2  
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Quote:
Originally Posted by Beckyj1
My grandmother owns a house in California. Her daughter moved in with her about 4 years ago, supposedly to help take care of her. She was not paying rent or any other bills. About 18 months ago, my grandmother kicked her out because she was not helping and was stealing, but all the daughter's stuff was still in the house. My grandmother came to stay with us for a few days, and during that time, her daughter broke in and stayed in the house with her boyfriend. The police were called when we took grandmother home. A couple months later my grandmother had a stroke and was committed to a nursing home. As soon as that happened, the daughter broke in again. My brother is the POA for my grandmother and allowed the daughter to stay in the house free-of-charge. He pays all of the utilities, taxes, etc. Now he needs to sell the house to pay for my grandmother's care, but the daughter refuses to leave. She thinks she has rights to stay in the house, but we have pretty well established that she does not meet the requirements for adverse possession or an easement. What are our options to get her out? Do we have to go through a formal eviction process?

Thanks for any help!
because grandma and poa let her stay regardless of rent payments or other types of re-imbursements, eviction proceedings will need to be filed. My mother in response to me not giving her the paychecks she wanted tried to have the police remove me (just before I was to walk down the aisle to get married) they stated because she let me live with her (and I was paying board) she needed to file eviction papers on me. needless to say I and my paychecks moved out with in the hour.
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