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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27283
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My mom moved into my house to take care of my baby two years

Customer Question

My mom moved into my house to take care of my baby two years ago. No rent or any charges for her care of my child. I have now placed my child in preschool and my mother is refusing to leave. What can I do ? I never had any written contract with her. Please help. I live in California.
Submitted: 10 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 10 months ago.

Good evening. I certainly understand the situation and your concern. If your mother lived with you to care for the baby, the court could see/view this as a form of rent and consider her a month to month tenant, since that is where she has resided all this time. As such, if you wanted her to vacate at this time, you would need to provide her with a 60 day notice to vacate ( since she has been there over a year) and if she fails to move, proceed with the eviction at that tie, through the court. She has no legal right or interest in the home and can not stay nor appears to have any defenses, so she will be court ordered to vacate.

Expert:  FamilyAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!