How to evict my ungrateful mother

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Latest post 06-30-2009 3:20 PM by Drew. 6 replies.
  • 06-29-2009 12:47 AM

    How to evict my ungrateful mother

    The title sounds horrible, however I cannot live with my mother any longer.

    My mother has been living with my husband and I for quite some time. Please note that she does not pay rent, however she does contribute $250 a month towards the food bill - and she eats that and more.

    She is very selfish and self centered and has become the center of arguments between my husband and I because she doesn't feel that she has any obligation to help out around the house. Mind you, she does cook once or twice a week, but she complains about everything that she does.

    When she gets mad at me, she tells me that she's just going to buy her own food and cook it separately from us, in which I tell her that she'll then need to pay towards the electric bill because I cannot afford to pay utilities to cook separate meals each day.

    She is very unappreciative of the home that we've provided for her. She gets $900 a month from social security, however she uses that money to smoke cigarettes, go out to eat, and gamble with her friends when she feels the need.

    We got into another argument tonight because of her attitude and she told me that she's not going to help out towards the food this month so I told her that she is going to need to move. She said that I will have to take her to court to get her out.

    My question is how to I make her leave? Do I have to give her a 30 day written notice? If she doesn't leave at the end of the 30 days then what?

    At this point if she doesn't leave I will turn off my phone service and lock my laundry room, because those are her favorite things to do - talk on the phone and wash her laundry....

    I just can't take it another day - everyone is appalled at how she acts since we give her a place to stay rent free...what can I do?

  • 06-29-2009 1:08 AM In reply to

    Re: How to evict my ungrateful mother

    I should add that I'm in California, if that makes a difference. Also, I DO love my mom, I just can't live with her anymore...not that this makes a difference.

  • 06-30-2009 7:59 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,588

    Re: How to evict my ungrateful mother

    An invited guest in ones home does not always constitute a tenant.

    Its a bit of a grey area----but you can simply toss a guest but you need to give a tenant the full due process protections.

    Whether contributing  $250 towards food is sufficient to constiture some form of rent/consideration is beyond me.

    You probably need to sort ouit if she is a guest or a tenant re CA laws.

     

    If she is a tenant why not give her a big rent increase as well?

     

     



  • 06-30-2009 3:05 PM In reply to

    • WiserLL
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    • Joined on 09-20-2007
    • MA
    • Posts 194

    Re: How to evict my ungrateful mother

    The fact that she has been living with you for "quite some time"  might be an issue e.g. CA has laws that favor long term tenants especially in regard to "terminating a tenancy". 

    You might be able to find a flat-fee eviction attorney in your area.   Even an hour consult would be worth it.

    Also the CA housing court  may offer free telephone advice (MA does, they're called "housing specialists" here and work at the courts).

    Are there senior housing facilities in the area?  They usually charge rent based on income.  She might be able to get a really nice place for what she pays you - or maybe less.  Maybe the people who work there can advise as to how to encourage your mother to move in.

    Good Luck

    MA

  • 06-30-2009 3:11 PM In reply to

    Re: How to evict my ungrateful mother

    Because she is making monthly payments I think you would be wise to consider her a tenant and follow standard eviction requirements for your area.

  • 06-30-2009 3:20 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
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    Re: How to evict my ungrateful mother

    If Mom were ONLY lodger in your place and say she paid you weekly for something--you might need but give her 1 weeks notice --then boot her and/or hike the rent way high.....single lodgers in you own private residence are a bit of an exception under CA laws....

     

    from another source

    "

    Single lodger in a private residence

    A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.8 Most lodgers have the same rights as tenants.9

    However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.10    "



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