Mother-in-law has 4-bd house and for past few years has rented out spare rooms to various people, all of whom have some type of disability....these have always been done with a written lease. About 6 months ago, she only had one renter who had a couple different caretakers, and it was these two caretakers who talked MIL into allowing them to rent a room...and MIL, who had become good friends with these two, let them rent without a written lease and instead just made an oral contract
These two ladies have yet to pay a full month's rent. My wife and I have told Mom that's it, it doesn't matter how "nice" they are or promises they make about past due rent, they are clearly taking advantage of her in more ways than one and THEY NEED TO GO.
What is the process to evict them? Apparently it's fairly simple to get rid of a lodger which I believe these two are, but seems perhaps that method is not allowed when there are multiple lodgers.
I'm afraid you have a much more difficult and emotionally sensitive challenge than you realize. You don't have a lodger problem, you are trying to impose one on MIL. Unless you are prepared to legally take away her rights to have guests in her home, then you're just interfering with her affairs. It doesn't matter that you intentions are good.
Are you ready for the damage and grief a conservatorship will cause your family? It will generate far more damage than a little lost rent.
Many of us have been in your shoes. It isn't easy to stand by and watch loved ones get taken advantage of. Forcing an eviction process on MIL is not the answer.
The good news is that there are lots of Elder Care, Elder Law attorneys & mediators, and related resources in the Bay Area. Investigate them. Approach this challenge holistically, from a high altitude.
There are many predators taking advantage of the elderly. It is not easy dealing with the problem from the outside, without legal authority. Getting that authority is extremely difficult, expensive, and comes with ugly side effects.
While you think about these things, you might do the following. Get MIL's permission to have a mediated conversation among her, family members, and lodgers about the problem. Such an exercise may get the rent paid, and likely will illuminate other issues. It is a softer way of moving forward, though the underlying problems are never easy to face.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline