Do it yourself unlawful detainer is it possible to have it done asap. And also would a restraining order be wise for my mother to also stay away from other rental properties I have.

We need more details to be able to help.

An unlawful detainer is the term used in some areas for an eviction order. You have to follow the process in your area (ANY question on law needs to include your general locale as laws vary by area. ) to get an eviction.

What grounds to you have for keeping your mother away?

We need more details to be able to help.

An unlawful detainer is tuhe term used in some areas for an eviction order. You have to follow the process in your area (ANY question on law needs to include your general locale as laws vary by area. ) to get an eviction.

what grounds to you have for keeping your mother away?

To answer your question my mother moved into my home after father passed. My father and I invested in rental properties all of them in my name. I was laid off work found myself looking for work out of town. My wife was to handle the rentals but when I returned my mother had taken over which is taking the rent from all the tenants. Now my tenants pay my mother and when I confront the tenants they say they paid rent as well as they have receipts in my name which I never signed. Due to all this I want her out of my house. She's manipulating my kids and now we are having a great deal of family problems and financial at that. I found myself renting somewhere else which I can't believe that I own the home and I'm the one renting. I served her with a 60 day notice but she still insists on not moving. She's changed the locks on me 2 times in which I've called the cops and I get judged on how can I do this to my mother. So now I'm so frustrated and angry how much this has made my life hell. My family are suffering the consequences and my mother is in MY HOME no rent or mortgage to pay, and top it off she had my younger brother move in and she supports her 30 yr old son. And I'm the one out off what I thought was mine. I mean what does my name on the titles mean?

Ok, I'm betting you are doing this without an attorney.

#1 Charge mom with theft. She had no right to collect the rental, unless your wife gave her permission. Even if your wife did give permission, she is still guilty of theft if she didn't turn the rentals over.

#2 Send a certified letter to your tenants informing them they rent should be paid only to you or someone you officially designate and that someone will not be your mother. You don't need a restraining order. You can't recover the lost rent since your tenants paid in good faith, but if they do not pay according to instructions in the future, then they didn't pay.

#3 Why are you letting her keep you out of your own home? She has no right to do so, nor to change the locks. Move back in!

#4 When did you give her the notice? Was it in writing? Why did you give her 60 days? That seems a long time in this circumstance. When did she move in with you?

#5 Who is judging you? The police? If someone asks why you are doing this to your mother, you answer because she has stolen from me and illegally taken over my home.

Bottom line here is you have the right of ownership. Your name is on the title of your home and the rentals. But since you allowed her to move in, you have to evict her according to local law (you still haven't told is where this is).

I would tell her, if she does not turn over the rents she collected immediately, then you WILL report the theft to the police. And if she does not vacate by the deadline, then you will file to evict. And move back in.

Ok, I'm betting you are doing this without an attorney.

#1 Charge mom with theft. she had no right to collect the rental, unless your wife gave her permission. Even if your wife did give permission, she is still guilty of theft if she didn't turn the rentals over.

#2 Send a certified letter to your tenants informing them they rent should be paid only to you or someone you officially designate and that someone will not be your mother. You don't need a restraining order. You can't recover the lost rent since your tenants paid in good faith, but if they do not pay according to instructions in the future, then they didn't pay.

#3 Why are you letting her keep you out of your own home? She has no right to do so, nor to change the locks. Move back in!

#4 When did you give her the notice? Was it in writing? Why did you give her 60 days? That seems a long time in this circumstance. when did she move in with you?

#5 Who is judging you? The police? If someone asks why you are doing this to your mother, you answer because she has stolen from me and illegally taken over my home.

Bottom line here is you have the right of ownership. Your name is on the title of your home and the rentals. But since you allowed her to move in, you have to evict her according to local law (you still haven't told is where this is).

I would tell her, if she does not turn over the rents she collected immediately, then you WILL report the theft to the police. And if she does not vacate by the deadline, then you will file to evict. And move back in.

The 60 day notice because she's been there over a year according to CA laws. Ive had her served through a processing agency. The 24th of this month which is coming up the 60 day notice is up. But that's the problem she's not moving. And also I've sent her a notarized letter stating she is not to be collecting any rent from tenants as of Sept. 28th if she continued than legal action will be forced. Since than she still collected rents. Ive had a cop escort me and asked for my rent and of course the drama in her shows and thr officer tells me it's a civil matter. So I'm just frustrated that I'm getting robbed and I can't seem to get anything settled. She seems to be protected and I'm the bad guy. I really need some good direction and in the works. Im running out of patience and I get so stressed at times that I can't seem to control my frustrations any longer. Please tell me what to do. Please...

... And also ive sent her a notarized letter stating she is not to be collecting any rent from tenants as of Sept. 28th if she continued than legal action will be forced. Since than she still collected rents.. ...

As ScottGem told you, send a letter to the tenants. If, after they receive the letter, they continue to pay her rent, evict them &/or sue them & her for the past-due rent.

And if you have given the 60-day notice to your mom, but she still is occupying the premises, sue to evict her. What are you waiting for?

Yes send a letter to the tenants. Also don't ask a cop to accompany you to, go to the police and report it as a theft. You are entitled to the rents, her witholding them is theft. The officer was right, without reporting it as a theft, then it is civil. But it is theft, she illegally collected the rents and is withholding them, that's theft.

Are you saying the 60 day expires 10/24? On the 25th you should be in court asking for an eviction order. You don't need an attorney to do so.

In the meantime, move back in.


She seems to be protected and im the bad guy. I really need some good direction and in the works. Im running out of patience and i get so stressed at times that i can't seem to control my frustrations any longer. Please tell me what to do. Please...

She's not protected, you are just not going about it the right way. For example telling her not to collect rent instead of telling the tenants to not pay her. I gave you good direction. I gave you a multi-point course of action. Follow it.

Tomorrow morning send the letter to the tenants and go to the police and report the theft.

After the proper notice to a tenant is over do I just go to the courthouse and ask for an unlawful detainer to evict. Will I need to go to court. And about how much longer would that be.

Ypu file a request for the iunlawful detainer. Usually a hearing is scheduled. At the hearing, the judge issues the inlawful detainer unless the tenant can convince them not to (rare). The judge sets a date Usually a week to 19 days to vacate. If the tenant still hasn't left at that point, you hire a sheriff to physcially remove them.

Ypu file a request for the iunlawful detainer. Usually a hearing is scheduled. At the hearing, the judge issues the inlawful detainer unless the tenant can convince them not to (rare). theu judge sets a date Usually a week to 19 days to vacate. If the tenant still hasn't left at that point, you hire a sheriff to physcially remove them.

Ok I went to press charges on my Mother for theft and fraud. The police asked me if I had any proof I presented the certified letter for her to stop collecting rent from all my properties as of Aug 29. And told the officers that she continues to do it. I ask her to hand over the rent but she keeps insisting that snhe doesn't have it or doesn't know what I'm talking about.

Ok i went to press charges on my Mother for theft and fraud. The police asked me if i had any proof i presented the certified letter for her to stop collecting rent from all my properties as of Aug 29. And told the officers that she continues to do it. I ask her to hand over the rent but she keeps insisting that snhe doesnt have it or doesnt know what im talking about.

That's not proof. You need at least one of your tenants to testify they gave her the money. Get a signed (preferably notarized) statement from one or more of the tenants that they gave the rent money to her.

That's not proof. You need at least one of your tenants to testify they gave her the money. Get a signed (preferably notarized) statement from one or more of the tenants that they gave the rent money to her.

That's going to be a problem there. They all seem to be covering up for her for some reason. Asa I confront the tenants about anything they call her right away. I don't know what she tells them but it has to be good enough for them to continue ignoring me.

... I don't know what she tells them but it has to be good enough for them to continue ignoring me.

If you followed our advice and demanded that the tenants henceforth pay you, and if they don't pay you as instructed, the next step is to prepare to evict them. Give them a written "pay or quit" notice (in many areas all that is required is 3 days), and if they still don't pay, sue them for eviction.

Thats going to be a problem there. They all seem to be covering up for her for some reason. Asa I confront the tenants about anything they call her right away. I dont know what she tells them but it has to be good enough for them to continue ignoring me.

This is insane. You are the owner of the properties. You are the landlord. Presumably you signed their lease.

Have you sent them the letter we advised that rent should only be paid to you? You mentioned that they claim to have receipts for the rent. Have you obtained copies? If they can't prove they paid the rent, then you give them pay or quit notices. If they don't want to get evicted then they stop playing games.

This is insane. You are the owner of the properties. You are the landlord. Presumably you signed their lease.
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Have you sent them the letter we advised that rent should only be paid to you? You mentioned that they claim to have receipts for the rent. Have you obtained copies? If they can't prove they paid the rent, then you give them pay or quit notices. If they don't want to get evicted then they stop playing gam
es. .
Well just like I said I go to my house and demanded keys which had locks changed again and I was arrested due to I violated a restraining order she had gotten though I thought I'm supposed to get served right? I did not receive nothing but the officer told me there is. How can this be happening

Well just like i said i go to my house and demanded keys which had locks changed again and i was arrested due to i violated a restraining order she had gotten though i thought im supposed to get served right? I did not receive nothing but the officer told me there is. How can this be happening

I don't know unless there is something you aren't telling us. So you go down to the local court and ask why a restraining order was issued and why you received no notification.

But that doesn't address the issue of collecting rent. Did you send them the letter as we advised?

I don't know unless there is something you aren't telling us. So you go down to the local court and ask why a restraining order was issued and why you received no notification.

But that doesn't address the issue of collecting rent. Did you send them the letter as we advised?


Ive been to sheriffs police and called the person who ser ved me and didn't get answers. Im also trying to find out if there is an active order now but get run around. The order from what I was told was because I've been harassing her when I've just been tryn to get into my house she says she feels threatened. And yes notices went out and still nothing. I feel so defeated by my own investments and I am at a loss for what to do I'm broke and I'm to the point of a breakdown.

Never was served although the peraon who served me says they did. I got arrested and posted bail. Apparently they went to an old address and served someone. I had no idea till my arrest no one will tell me why or if its still in active order. Im due for court Nov 19. Can I argue that and can the server be of any guilt aLong w the person who put the order.

Ok, lets address the rent first. You sent notices to your tenants prior to the November rent being due telling them where to pay their rent, correct? And are you saying they have not paid the rent? As soon as the rent was past due, did you sent them pay or quit notices?

Next let's address the RO. The person who served you has no info. The Sheriff's office may or may not have info. But the place to go to is the court. They have to have the info. Sounds like you have not done that, even though we have told you to do that several times.

As to getting your house back. You have to have your mother served with a vacate notice, not by you. Then follow it up with going to court for an eviction order.

Again, unless there is something you haven't told us, you have the legal rights here, but it doesn't appear you are doing the right things, even though we have given you a blueprint to proceed.