RENT WATCH

Question: I am the family trustee for my 80-year-old mother. I hired a caretaker for her two months ago. I’m unhappy with the care she is giving my mother and want to remove her, but I don’t want to get sued if I tell her to leave immediately. What are the rules?

Answer: As a general rule, an adult who lives in a house or apartment with the permission of the owner for more than 30 days becomes a tenant.

Caretakers are an exception. Unless they have a separate, written rental agreement, they are employees, not tenants, and can be discharged without notice.

There is still a dilemma if the caretaker fails to leave voluntarily after being discharged. Technically she would be a trespasser, and if you find yourself in this situation, you should check to see if the local police will remove her.

If there is credible evidence that the caretaker has been abusing your mother, you can apply to the local Superior Court for an elder abuse restraining order, commonly called a kick-out order. Many counties in California have restraining-order clinics or self-help centers that can help with the paperwork. Every county also has an adult protective services agency that would respond to an abuse complaint.

If none of these remedies work for you, your last resort may be to retain an eviction attorney to file an unlawful-detainer lawsuit.

-- Martin Eichner, Project Sentinel

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Eichner is director of Housing Counseling Programs for the Sunnyvale, Calif., mediation service. To submit a question, go to www.housing.org.