how do i go about evicting my elderly mother? she has lived in a house next door to mine for 25 years. i bought it from her and my father(he passed in 09) 20 years ago and has been in my name ever since. The title company has this documented. She has alzheimer's and is now saying I still owe her for the land. She allows my brother to come over all hours of the night and they bring thier highly drug addicted friends with them. They all walk around my 5 acre property and steal anything of value. I have been trying to get her to go into a home because she can not take care of herself and falls alot due to mini strokes. We have never signed a lease agreement for her to live there and she has never paid rent. How can I legally make your her move? I do not want any of them on my property.
Real Estate Attorney
I advise talking to an attorney about a Guardianship for her if she is not able to care for herself. Then you can move her into a home and out of your home. There would be an investigation by the court and the court would decide what should happen.
For eviction, you file a 20 day notice to move out by the end of the month (so do it before the 10th). Then when she does not move out and has had proper notice, you start an Unlawful Detainer action against her. These are not complicated, so many people do them without an attorney. Of course, having an attorney do it will make sure it is done right the first time.
In your area you could probably get an attorney to do it flat rate for $700-1000. The sooner you get her out, the sooner you get renters in there. The whole process can take about 2 months.
I hope this helps.
Your question has two different issues: (1) eviction of a tenant and (2) dealing with trespassing thieves.
Attorney Jacobsen's addressed issue (1) eviction of your mother--a difficult decision to be sure.
Issue (2) the brother's "drug addicted friends" who enter your property and steal should be introduced to your local law enforcement agency. Recommend you immediately contact the police next time they enter your property. Might be a good idea to warn off the brother before they come over again and maybe they'll stay away.
I am licensed in the Commonwealth of Virginia, answering your query and my answer do not create an attorney-client relationship and I am not providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages. I wish you the best of luck with your situation.
Civil Rights Attorney
First of all I take it that you dont want to evict your mom but you feel she needs help do to Alzheimers and is being abuse (as are you) by people who are taking advantage. You can see a lawyer about conservatorship or ask adult protective services or even the police (when druggies are present on the property stealing etc).
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
I would highly recommend that you consult with an attorney about a conservatorship and an Elder Abuse Protective Order.
Legal disclaimer: The response given by Anand "Lucky" Jesrani, Esq is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.