I live and rent a room with my parents I have a freeloading brother living here. He called the police this weekend and said I had a gun on the premisis. A lie. I am a primary caregiver for my disabled fully dependent mother I care for. I made a restraining order but the homeowner my dad does not want involvement. Cops came in at fire ready mode. Brother is trying to get me kicked out when I am on a lease. And mother needs help with this situation? Help!

Only the property owner(s) can evict you. You are the primary caregiver for your mother and your father doesn't care if you get kicked out?

Am I misunderstanding you? You have a lease with your parents?

Your brother can't get you kicked out. He could get you arrested. I would file a charge of making a false police report against your brother.

Judy my moms wants me here of course. My brother is upset because I reported him for EDD fraud . My pops faers when my bro gets angry. He can be abusive as he has with me. Can I use moms power of attorney to restrain him? I cannot evict if he pays no rent . Can I use the lease to help me?

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You can't act just with mom's POA. You have to get your father to agree. Whether he pay rent or hasn't got a lease is immaterial. You and your father give him a termination notice to vacate in 30 days. If he gets violent, then call the cops and get a restraining order. If he just refuses to leave, you go to court for an eviction.

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Originally Posted by joelviramontes

... He called the police this weekend and said I had a gun on the premisis. A lie. ... Cops came in at fire ready mode. ...

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Even if true, what would be wrong with having a gun on the premises? Did your brother tell them you were threatening him with it?

Not that it will help much with the immediate situation, but why don't you have POA over both your parents, or at least your mother? If she is disabled and seemingly powerless, her POA isn't doing much good.

I don't think reporting fraud and filing a restraining order was a good idea before you had a plan in place; some sort of retaliation was almost inevitable. You are taking on a job that is really your parents', or your father's if your mother can't deal with it. Your father should give him a lease like yours, if he doesn't evict him first, and then evict him if he refuses to pay rent. HE is the one who has to do any evicting.