I have lived with an Uncle for over 2 years as a live in caretaker in Ca. Now hes trying to evict with zero notice. What are my rights?

Update:

He is 72 years old and has many medical issues. I do all the basic house keeping functions including cooking and shopping, cleaning, laundry, several times a month I have to clean up large amounts of pet feces from his dog that he fails to take out. I also have to clean up his messes increasingly as his incontenance gets worse. He is showing early symptoms of dementia or possible Alzheimers and often mixes histories, forgets things, has slurred speech and an increasingly violent nature.

Update 2:

When he forgets where he left something or what has been done with it he automatically accuses me of stealing it and even when the item is found and presented to him he does not back off his accusation.I am not paid per say and in fact I contribute several hundred dollars a month towards our combined food expenses. I am not charged a formal rent and it was agreed that I would act as his caretaker in exchange for rent. After another episode were he accused me of stealing he grew very violent .

Update 3:

And this time it actually reached the point were he assaulted me. He then turned all the power off in the house and locked me out. All of my belongings and personal medications as well as my to cats are inside. What the hell do I do?

14 Answers

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  • Anonymous
    10 months ago
    Favourite answer

    You are 47 years old have you absolutely no savings to get a room for a few days and let it cool off.

    When elderly (72 is not that old) start getting signs of dementia and Alzheimer's they are no longer capable of knowing right from wrong and someone must intercede and get guardianship over them for their own good.

    My stepfather in law got to the point his wife was afraid to be alone with him at night as she awakened several nights with him standing over her with a knife from the kitchen.

    YOU are approaching this from a "look how mean he is" point of view and you may want to reassess your thoughts.

    Time for a family get together this is not about YOU!

  • mom
    Lv 7
    10 months ago

    talk with the police and tell them what is going on with your uncle. 

  • Anonymous
    10 months ago

    Call the police to gain entry so you and a friend can collect your things. Find another place to live.

    Or

    Go to your local Probate Court and get the paperwork to have your uncle conserved. Being the conservator over an individual is a very involved task. You have to file income and asset reports and then report where every single penny of his money goes and for which expenses you've used the money for.... To the penny. I did this for my Alzheimer's ridden aunt and it was a very involved process, particularly after she died and her house was sold. So do you find out the responsibilities you would have if you were to have your uncle conserved because it's a huge commitment. You may also want to contact the local Senior Center to find out what benefits your uncle is entitled to which can make your life taking care of him a heck of a lot easier. There are things available like Meals on Wheels, transportation to doctors appointments, energy assistance for operation fuel if he qualifies and other senior citizen Services.

    But you have to ask yourself if you want to subject yourself to this type of a person who is becoming violent and is losing his mind. This could go on for another 10 years or more, sucking the life out of your life. If he has any children who are still alive he may be ready to go to a nursing home with their prompting.

    I took care of my aunt for 8-years. That's eight years of my life that I'll never get back.

  • 10 months ago

    You are entitled to 60 days notice per CA law.

    He's isn't trying to evict you. He is telling you that you cannot live there anymore. Eviction is a court proceeding. When the owner of the home doesn't want you there anymore, they give you notice, and you must go.

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  • 10 months ago

    The usual landlord tenant laws do not apply in your situation, because you were working for him as a caretaker (employee vs tenant).  Instead the laws that apply are the ones that apply to lodgers (like tenant's of hotel rooms) which allow your uncle to fire you without notice and immediately evict you because once fired you immediately exist as a trespasser.  Sorry, but you have no legal recourse.

  • 10 months ago

    You need to contact adult protective services (whatever its called in CA) and get them to file for guardianship.  In the mean time he must abide by the eviction law which means he gives you a 5 day notice to quit or pay.  If you do neither then he can file for eviction.  If you have to go to court I think that you can show that you have been taking care of him.

  • 10 months ago

    You have a right to read the landlord-tenant law in CA. Absolutely you have that right. One hundred percent you have that right. You may have rights as a "tenant at sufferance" or an argument that shelter was part of your compensation. Most states require a Notice to pay or quit.

  • Anonymous
    10 months ago

    If it isn't your house he can evict you.

  • Anonymous
    10 months ago

    Is there any proof of you caring for this man? Did he pay you for that care? Do you have receipts? Is anything written down on paper - with his signature? Have you been paying rent? If so - any proof of that? If you have no proof - then it's his house and he can kick you out if he wants.

  • Satan
    Lv 7
    10 months ago

    Since you're not going to give us any more than this, I'll say you have no rights

    Youre freeloading - go out and get your own place you bum!

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