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My forty yr old son lives with his mother for the last five…

My forty yr old...

My forty yr old son lives with his mother for the last five yrs. she wants him out of the house (lots of conflict with his mother) He is under the care of a Psychiatrist and a Psychologist and a Medical Doctor. He wants to come and visit me but afraid that if he leaves her house he won't be able to go back....the question is can she keep him from returning to the house

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

He lives in central California (Modesto) and he wants to come see me in So California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can she evict him if he leaves for two weeks to visit me

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Answered in 5 minutes by:
2/28/2018
Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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His mother does have the legal right to evict him, whether or not he leaves the house to visit you for 2 weeks.

She cannot simply change the locks on the doors though, she will have to go through a formal eviction proceeding.

Since he's been living at the house for a significant period of time, he is afforded much of the same rights as a tenant.

Since there is not a written lease between them, the eviction process will move more quickly.

His mother will have to file a petition with the local county court for an eviction order, there will then be a hearing date set.

Your son should receive notice of that hearing, and will be given an opportunity to rebut the eviction. Again though, since there is no written lease, his mother can evict him without cause, and the judge will then give a ruling and most likely issue an eviction order.

Usually a judge will give 30 days for a move out, but in special circumstances that can be extended to 60 or even 90 days.

Given that your son has some ongoing mental health matters right now, he may be able to get a lengthier span of time for that move out date.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 5 months ago
thank you it does help

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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Nisha Jones
Category: Legal
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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