Legal Question in Family Law in California
Eviction of Daughter from Mother's Home
What is the law concerning the eviction of a family member from his/her mother�s home? In summary: My sister-in-law has been told by her brother (as Attorney-in-fact to her Mother) to leave the premises of her Mother�s house in 30 days from the date of the letter. In the mean time she is to start paying rent, starting 30 days before the date of the letter. My sister is disabled (mentally) and is unable to work. She is currently getting disability from the State of California. She has been living with her mother for the last 20 years. She has no agreement to pay rent or lease with her mother. In fact, her mother has verbally given the house to her and has repeated this several times in front of witnesses. Also, her mother decided to move in with her other daughter and told my-sister-in law she can keep the house but to pay the mortgage and utilities. My sister-in-law has been paying the mortgage and utilities since her Mother left the house approximately two years ago. All of a sudden, my sister-in-law received a letter from her brother (as Attorney-in-Fact) to vacate the properties and pay back rent and future rent (even though there was no such agreement). What is the law concerning the legality of this action?
2 Answers from Attorneys
Re: Eviction of Daughter from Mother's Home
Too much info to review and to consider. Contact an attorney to assist.
Re: Eviction of Daughter from Mother's Home
The result in this case will be determined by the facts. Your sister in-law may be abel to get assistance from legal aid or other public agency because she is disabled. Although verbal agreements are generally not enforcable in regard to real estate, because of the mother daughter relation ship she may be able to enforce the agreement. The request for the payment of rent prior to the notice is probably not enforceable. She should take immediate action to obtain legal counsel to assist her. Once she is out of the house it will be easier to keep her out of the house. The brother cannot just lock her out of the house, he has placed himself in the place of a landlord and therefore must use the legal process available to a landlord to remove a tenant.
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