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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Need help desperately and soon! Please..My sister & daughter

Customer Question

Need help desperately and soon! Please..
My sister & daughter having lived with my Dad for 40+ yrs. were suppose to be caregiving
him, with parkinson's.
My brother that was the one who came around and saw a great deal & I myself lived there 4 yrs,
We all began noticing things and so did my Dad. She had to go to the hospital and at that time, with my Dad's approval was admitted into a Re-hab for the elderly.
In order to to pay for his care at this facility, his house must be sold. In the mean time we discovered my sister & her daughter had nearly wiped out all of Dad's finances, leaving little or none. This fraud goes back a few years. The abuse was also in the form of attitude and neglect & FINANCES!
None of the family has much money, she was originally given three months to get out.
They haven't budged and the house is presently in Escrow. She won't call or got to properties. I myself have been through this and told her over & over she needed to get on some waiting lists for seniors.
The house has been trashed and we just found out she allowed my Dad's Homeowners
In. to expire. We are dealing with three VERY hostile/ mental patients who would go to any lengths , even as far as burning the house...Then my Dad will have to leave, all this at 92, it has tore us all up inside; this alone will kill my Dad.
She keeps talking about here rights, as she just recently started using a walker, and will calm disabled.
She was given a 30day notice a week ago, said she would move if my brother helped her move. Now she says the boyfriend can't help move (27) yrs. and he no longer has an apartment. LIES<LIES<LIES
They are clearly are vindictive and known to be violent.
They are habitually pot & most likely Meth. users. I know pot for sure and they say they don't to Meth. I don't believe anything that comes out of their mouths.
I beg you to help me find out what my options are at this point, they won't move in three weeks...if forced, they will return to do the Dirty Work!!
Kind Regards,
***** *****
I have no e-mail address Phone is (###) ###-####
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, I am sorry to learn about this unfortunate situation.In order to best address your situation I am going to split it into two separate issues.The first issue I am going to address briefly, both because it is going to require investing considerably more effort, and because it does not appear to be your more pressing matter. This is the issue of elder abuse by your sister and her daughter. There is a crime and a civil tort of "financial elder abuse" in California. I would recommend contacting a few civil litigation attorneys in your area (or the county/region where your father's home is located) to see if they are willing to accept the case on a "contingency basis" - this is where the law firm advances their legal services and litigation costs in exchange for a portion of any potential recovery. This may not be a very appealing case for a law firm if your sister and her daughter are essentially "judgment proof" (have no assets and no income) making it hard to collect any such judgment, but you can try.The second issue, which I believe may be the more pressing matter, is regaining possession of the home. You are on the right path in giving notice and treating them as 'tenants' for purposes of evicting them, but you do need to give them more notice for a "no fault" lease termination - in California if the tenants or occupants have lived there for more than 12 months, you must give them 60 days notice (not 30). (For a sample form, see: http://lawlibrary.org/download/65.pdf) Once the 60 days has expired, if they are still living in the unit, you must then hire an attorney to perform an unlawful detainer (unfortunately you cannot represent your father (the property owner) in court unless you are a licensed attorney). For a good idea of the process that must be followed, see the below flow chart, expect an unlawful detainer process (once the notice has expired) to take 4-8 weeks from the time of filing to the time of the forcible eviction, depending on whether or not the occupant files an answer to the unlawful detainer complaint.Terminating a tenancy-1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property). 2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge. 3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction." 4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).