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-   -   Evicting a relative/guest (https://www.askmehelpdesk.com/showthread.php?t=276631)

  • Nov 3, 2008, 10:05 AM
    patsniece
    Evicting a relative/guest
    My elderly aunt asked and allowed her grandson and his girlfriend to move in with an agreement that they would pay utilities only. They were barely in before it became evident that they could not live together. The grandson agreed to move out. She gave them $3500 to help them rent (neither have a job). They were to move out after a week, extended it 3 more days. The girlfriend is threatening that they don't have to move and they have asked for more money. They have lived there less than 30 days and this is California so I don't know what the law says.. What can I do to help if they don't move out tomorrow as promised?
  • Nov 3, 2008, 11:31 AM
    rockinmommy

    How old is the aunt? Has there been anything that could be construed as abuse, fraud, etc. - especially because of her age? If there is you might be able to help her make a case that they are mistreating her in some way and get a restraining order or something.

    Otherwise they would almost for sure be viewed as tenants and would need to be evicted according to the laws of CA. There's a "sticky" at the top of this forum with a link to each state's LL / tenant laws. That will tell how much notice she needs to give them. Then if they don't leave in that time an eviction suit can be filed. I think she can defintiely go for non-payment of rent, if their "rent" was to be payment of utilities and they haven't paid them.

    Where are this young man's parents? Do they not have a problem with their son treating his grandmother that way? If it was my elderly mother he'd be gone TODAY and I'd deal with the rest later.

    However, LEGALLY, she must evict them.
  • Nov 3, 2008, 11:40 AM
    ScottGem

    Are any of these agreements in writing? Did they pay anything?

    The girlfriend doesn't know what she's talking about. They can be evicted, it may just take some time. It might be done more quickly if it can be shown that the grandson is taking advantage of grandma.

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