Posted by LZBTHMUNOZ
My friend is having a hard time getting her 23 year old son out of her apartment. He does not pay rent and he does not pay any utilities, he refuses to leave. The only thing his GIRLFRIEND did last month was buy some food for the house and that was on her food stamps. We served them with a 3 days notice yesterday. Please help she’s so stressed. and it’s constant arguments and yelling and it’s starting to disturb the neighbors.
These types of situations are very difficult because not only are you dealing with someone who has worn out their welcome, but it involves a family member.
I checked with the Human Rights/Fair Housing Commission at the landlord/tenant line (916) 444-0178, and she needs to give her son a 60-day written notice for him to leave if he has been living with your friend for more than one year. Information and forms can be found at their website: http://www.hrfh.org/page/page/4459221.htm
According to HR/FH, if, after being served, 60 days is up and he refuses to leave, she can start the unlawful detainer process. Advisory clinics for this are held at the Carol Miller Justice Center at 301 Bicentennial Circle. See this website for more information: http://www.saccourt.ca.gov/ud/resources.aspx
Let’s look at other options. If the son or his girlfriend is on probation/parole, she can call their probation officer and discuss the situation. There may be a probation violation involved.
If your friend is over the age of 65, she is considered an “elder” and there are special laws regarding elder abuse which are felonies. You could call Adult Protective Services with Sacramento County at (916) 874-9294. They are a good resource. Additionally, Women Escaping a Violent Environment (W.E.A.V.E) is also a great resource for your friend. They can even help her file for a restraining order. Call them at (916) 920-2952. They are so helpful, and they understand what she is going through. They should be one of the first calls.
Finally, if the son is getting hostile with his mother, and she is afraid for her safety, she can file for a restraining order. The son then could not cohabitate with his mother.
I hope this situation works out for the sake of your friend.