Is my mom’s eviction paperwork on my brother still good after 5 years?

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Is my mom’s eviction paperwork on my brother still good after 5 years?

My mom legally evicted my alcoholic brother out of her home 5 years ago. He has never paid rent or contributed in any way, he hasn’t worked in 10 years. Over the past 5 years he has slowly worked his way into coming over, and is pretty much there every night drunk and verbally abusive. My mom is 76 years old. She has asked him to leave, but he won’t. Can I call the sheriff and shoe them the eviction paperwork? Or will she have to go through the eviction process again?

Asked on October 19, 2010 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, eviction doesn't "last." That is, if you evict someone and do not let them come back into the premises, he has no right to enter or stay there--he would be trespassing. If you allow them back in though, such as to live there again, then you would have to evict them all over again. Voluntarily letting them back in forces you start over again. In this case, if your brother is not staying there regularly, you don't need to evict him: next time he comes over (if he's living somewhere else) don't let him in and call the police if he persists. If he has been living at your mother's home, however, you will need to go through the eviction process again. You might also consider looking into getting a protective order as well.


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