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I was wondering my mom is elderly and lives with a partner…

I was wondering my...

I was wondering my mom is elderly and lives with a partner for more than 5 years in California and she wants him to move out but he wont, is he entitled to anything?

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

Yes my mom called the police on him but they did not do much cause it was considered domestic dispute and she needs evidence. My my mom has dementia and little mobility.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

California and 2015 I think

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

No thanks

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Answered in 5 minutes by:
3/13/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,224
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks for your patience. If the two parties are not married, then her partner is not entitled to anything. Because he is living on her property, he is a tenant and she is the landlord. You may need to help her out. Below is something you can communicate to her if she wants him off the property (Remember, he is not entitled to anything).

This sounds like you may need to begin the eviction process. The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

What other questions did you have for me today that I can help you out with:-)?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,224
Experience: Licensed to practice before state and federal court
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Customer reply replied 4 months ago
Well he lives with my mom in her house. To clarify he's tenant and she's landlord.

Yes, he's the tenant, she's the landlord. Thanks!

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