What can my dad do to force his son to remove all of his personal junk that he has hoarded and stored at my father's home?

Asked about 2 years ago - Castro Valley, CA

My brother has loaded my dad's home and outbuildings with his junk for years. My dad asked him to remove it all 3 months ago. Tons of junk is still here. My brother said he would have all the stuff moved nearly 2 months ago. He sent us a letter asking for 2 days notice so the boat could be moved. I called him 10/9/12 to inform him the boat would be moved 10/11/12 and he would have access10/12/12-10/14/12 to move his stuff. He never showed up. What options does my dad have. Eviction? Can he sell the stuff or give it away? He just wants it all gone and wants to change the locks so his son no longer has access to his home or outbuildings. My father is 89 years old and my brother is taking advantage of him. He does not live with my dad. He has lived elsewhere for 2 years

Attorney answers (1)

  1. William Stanley Fitch

    Contributor Level 16

    Answered . Seek legal counsel. Civil Code section 1980 et.seq. is a detailed on convoluted section that deals with property that has been "abandoned" There are specific steps that must be taken if abandonment can be established.
    As to changing the locks, that is only improper if there is a tenancy involved. Again, seek legal advice for that determination.

    A proper response would require a thorough investigation into the history and background of this relationship.... more

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