How Can We Evict A Family Member Living Rent-free In Mom’s Home? She’s Moving To Assisted Care, The Family Member Is Mentally Unstable
Location: California
The title sums it up. My brother has been living rent free at my mom’s for 20 years. We served him a voluntary eviction notice 30 days ago. He’s mentally unstable, refuses to talk to us, won’t open the door to his room and has threatened me with “consequences” if I continue to talk to him. My mom needs to move to assisted care on December 1st. In order to pay for it she needs to sell her house. She can afford the assisted care for a little while but for long term she needs the house sold. She’s moving out on 12/1/26 and we think he will board up the doors and windows and not allow us access once she leaves. We offered him cash to leave, we offered him a mobile home to move to, he’s not taking any offers and not communicating. I’m considering hiring a termite company to come fumigate the house to force him to leave but regardless he’s mentally unstable and no one would rent to him. Buying him a mobile home would take 30 days and I’m down to my last 2 weeks to get him out before my mom moves.
We told him the house would be going up for sale on 1/1/27 and he needs to be out by 12/31/26 (notice served 10/16/26) and he said not his problem and then threatened me with consequences and not to underestimate him.
We’re trying to get him out without having to use force or a 5150, my mom’s wishes, but I really can’t figure out any other solution.
Any advice is greatly appreciated.
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