need advice on evicting ex sis in law and her daughter (Charter Oak: 2015, apartment)

[rafi2014]

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I am a disabled, permanently due to four car accidents and four herniated discs on my neck, I am 48-year-old and I have a situation in my home and I need advice on eviction of tenants who have been emotionally abusing me in my own home for over two years now. I am finally going to evict these people and my main question after reading the detailed statement is: Do I really need to get a lawyer or can I go to one of those places like We the People where they fill out all paperwork but charge only a portion of a lawyers firm?

Following is an overview of my situation:
On or about July 2013, my ex sister in law and her daughter were evicted from their apartment and ended up in front of my house without a place to go, they were homeless and had no money. That day I made a compassionate decision and a verbal agreement that they could stay in my house for two months’ rent free, so they could get back on their feet save some money and move out. This was verbally agreed by all parties, including my ex-husband, her brother.
The main reason why I helped them was because my ex-husband has helped me financially throughout the years since we got divorced. The house is under my name only. On Nov 2005, I lost my job/career with JPL due to 4 car accidents, which left me permanently disabled, due to my disability we agreed for my ex-husband to stay at the house to help with financial reasons and to help with our kids. I did not have any SSDI benefits until July 2013, that month I let them in my house, which was another reason I was compelled to help them out.
As mentioned above, I am disabled due to four car accidents. I have not worked since Nov 2005. I have four herniated discs on my neck and suffer from muscle spasms, anxiety and major depression. Additionally, due to my disability, I am not able to remember things or do take care of business matters as I used to. They clearly have taken advantage of my forgetfulness and disability. Two of my counselors at Charter Oak Psychiatric Hospital are aware of this situation and declared this an Adult abuse case. They wanted to send Adult Protective Services to my home, but I declined at the time because of my vulnerability and I did not want to make things in my home worse.


Following are some of the reasons as to why I want them out of my house:
After their initial two months free stay we agreed upon, they did not leave. They told me that they did not have the money saved yet to move so they needed to stay longer. They did not pay a dime for about six months.
Right after they moved, their attitude completely changed towards me. They were giving me constant dirty looks and talking behind my back, taking over my living room and dining room, hoarding all kinds of stuff, not cleaning at all after themselves and calling my older son a F Bastard, excuse my language, this animosity behavior continues to this day. My ex sister in law never did like me from the beginning anyway. I am actually living in fear in my own house due to her negative attitude towards me and my kids. Neither my ex sister in law or niece speak to me or my kids, they just give us dirty looks and act as though they own my house.
I do not have a written lease/rental agreement. We made a verbal agreement after they had lived at my house for two months, which stated that the rent would be $600 paid on the 1st of each month, no later than the 10th. They decided on their own to just pay $450 a month, by then I didn't have the courage to fight them anymore and I became very passive due to the stress level and they did what they wanted as far as paying rent. When they have paid the rent, they pay after the 15th of each month, knowing that I will have to pay a late fee of $78 dollars in late fees on my mortgage. There are several months when I did not receive any rent. 2/15, 3/15, 4/15 and now 8/15. Every month since they lived at my house they have excuses for either not paying at all or not paying on time, such as: my work hours have been cut, can’t get an apt with their eviction, don't have enough money, etc.
They turned my ex-husband against me and his two boys. Since they moved in, my ex stopped paying me child support and rent. He does pay the utilities and cable but that's all and he has an attitude towards me and his two sons.
Everyone that comes to my house feels a negative vibe from them., they low ball all my guest and give them dirty looks. My children and I live in a constant stressful environment due to their attitude and they’re in the middle of the house in living room/dining room, which has ruined my house. All of this daily stress doesn't help my health.
I have been admitted to a psych hospital 4 to 5 times (14 days each time two times this year for my birthday and mother’s day two times last year) due to emotional, mental breakdowns caused by all the stress this situation has given me since they moved in my house. My psychiatrist as well as two counselors at the hospital have all this documented as the main reason for my hospitalizations. As I mentioned above, they advised me that what they are doing is considered Adult abuse on a disabled person and wanted to send Adult Protective Services to my home, but I declined due to my fear of what they might do to me and my vulnerability.
At the hospital, we had two family sessions with the counselor and my ex addressing this problem. one in 2014 and one in 2015 where my ex agreed his sister and niece would move out. He also understood and agreed how much this situation was continuing to affect my mental, emotional and physical health. But after each session, months would go by and the situation at my house remained the same, nothing ever happened. I have asked them several times to move but they won’t do anything, just ignore my request.
Furthermore, they moved in with 12 cats, now there are still 6 cats and some are very ill, they got rid of some of the cats due to my constant complaining of the odor and potential health issues to me and my kids. We did not want all these animals in my house, especially because we already have two cats and three dogs at my house. It is December now and they quit their jobs about a month and a half ago, now they are in my house 24 hours a day. I have asked them and my ex-husband repeatedly to leave my house but nothing happens
As you can see I need assistance and advice to resolve my stressful living situation. These people have ruined part of my life and have taken my peace of mind. I constantly feel I am being abused emotionally and mentally. They are taking over my house/ they stay in my living room/dining room and so I have stayed in my room and not used the living room for over two years.



Please help me with any advice on what I can do about my situation. I am on my own, I do not have anyone to help me with this stressful and abusive situation.
I thank you in advance for all your time and help in this urgent matter.
Sincerely,
marierafi

[Big-Bucks]

AFAIK yes you have to go through the whole unlawful detainer court process. Welcome to California where landlords are presumed "bad people".

[Harpaint]

You should call Adult Protective Services and get their advice. Be sure to emphasize that they are abusive toward you and exploiting you financially. There are pro bono legal aid services if it comes down to eviction, but Protective Services may help get them out without the normal eviction process. Abuse of an Elder or Disabled person is illegal, even if they were paying rent. Good Luck!

[jtamay3]

If it's a pure verbal, what's the difference between OPs situation and someone staying at a friends, but stayed too long? Just spitballing, but wouldn't OP be able to simply call the cops and have them removed from the premises? I mean, at that point, what can the ex sis-in-law say as leverage? There's no paperwork stating they could stay for more than 2 months or that they haven't stayed for more than a year. And the house is in OPs name.

[Voyageuse]

This is kind of interesting. I have a family member who owns an apartment building and allows a friend to live with her and pay half the rent/utilities. The friend isn't bad necessarily, but is a pain in the a**.

Friend is elderly and doesn't really have family. I am the sole heir of this family member's assets; so my husband and have toyed with the idea of letting friend stay in the apartment at the current rent and manage the building if my family member dies (we would put this in writing).

After having read the above posts, we've decide to evict the friend. We already know that we're going to have problems with this person, based on things the friend has said to us in the past. Considering the OP's experience, it's obvious that no good deed goes unpunished. Maybe we'll help friend in some other way i.e.: giving furniture/helping find senior housing.

[Cinema Cat]

If you don't have a written lease agreement, then it's a month-to-month lease. By law.

Which means that you can demand they vacate after 30 days notice. Just say that you're not renewing their monthly lease.

Yes, you'll have to go to court. Yes, there are pro bono lawyers that can help you sue to evict. You might also be entitled to back rent (you'd agreed to $600 a month, but they only paid $450 -- and they might be responsible for the late fees).

Other pro bono lawyers might help your in-laws defend against you in court.