Ask Experts Questions for FREE Help !
Ask
    joelviramontes's Avatar
    joelviramontes Posts: 2, Reputation: 1
    New Member
    		  
    #1

    May 31, 2011, 12:19 PM
    California eviction and resraining orders?
    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!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    May 31, 2011, 12:22 PM

    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    May 31, 2011, 12:25 PM

    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.
    joelviramontes's Avatar
    joelviramontes Posts: 2, Reputation: 1
    New Member
    		  
    #4

    May 31, 2011, 12:31 PM
    Comment on JudyKayTee's post
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    May 31, 2011, 12:38 PM

    First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #6

    May 31, 2011, 01:15 PM
    Quote Originally Posted by joelviramontes View Post
    ... He called the police this weekend and said I had a gun on the premisis. A lie. ... Cops came in at fire ready mode. ...
    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?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #7

    May 31, 2011, 03:18 PM
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

California roommate eviction [ 6 Answers ]

I have been living at the home of a friend for approx. 4 1/2 years. I was in the process of helping my friend with his home improvements when he got into trouble and was arrested. He was sentanced to one year in jail. Upon his request, i had agreed to take care of his home/pets/bills etc while he...

Can we mediate in California if we have mutual TROs with stay-away orders? [ 2 Answers ]

My ex-finance and I both got TROs after our breakup, both with stay-away orders. Hearings are pending. We would like to mediate our issues, and then dismiss the RO cases. How can we meet with the mediator without violating the stay-away restraints?

California eviction notice [ 3 Answers ]

If you lease a house in California and have lived in the house for 6 months (on a 1 year lease) what is the required time by the land lord to give you an eviction notice?

Eviction in California [ 2 Answers ]

I am late on my rent and was served a 3 day or quit letter. I called my property management people and told them that I can pay this weekend with a chashier check. She had threated evition on me. I called and left a message for her but she has not returened my phone call. What I am asking...

Roommate Eviction in California [ 2 Answers ]

Hi, I recently sublet a room in a house I rent to a person in October of 2007. There are many issues starting to surface that may result in me asking him to leave. He is not on the main lease to the house, it is just me. I had him sign a month to month lease where he pays me rent at the first...

View more questions Search