Help! I've seen this question before but answer is always different! Need to know whats true and what isn't!?

Ok,my nephew has lived with my mom for 10 years. He has no job, pays no rent, and constantly breaks the rules he agreed to when he moved in. He makes her life a living hell and she has asked him to leave. He says he doesn't have to leave because he gets his mail at her address. Does that actually give him the right to stay there? Ive seen similar questions but the answers are always different. Some say he has no rights,some say he does. Some say since he doesn't pay rent he isn't a tenant, some say he is a tenant. I need to know how to advise my mom, she is a nervous wreck. She is 80 years old and doesn't leave the house. Will she have to take this all the way to court? We're in California, by the way. I have been researching this for hours but with the answers being different,I'm totally confused. I've tried legal websites, and other forums but I'm not getting anywhere because I can't figure out if he is a tenant or guest. What does him getting his mail at her address have to do with anything? That is his defense...he says she can't make him leave. If that's the case then we all could be homeowners!! Seriously, if someone knows the answer, please help me! Or provide a link that has the answer and isn't all mumble jumble. My nephew has a horrible temper and I'm scared to death for my mother. He said that even if she called the cops,they wouldn't make him leave. Also, any other advice would be greatly appreciated. Thanks.


Thought I should add that he is 38 years old. He is my brothers son. My brother passed away 3 years ago so asking him for help isn't an option. Thanks again!Help! I've seen this question before but answer is always different! Need to know whats true and what isn't!?
It's a 3-step process (she needs to do all three):


1. Go to court and get a restraining order against him so he cannot bother her or even come within a certain distance of her in any way.





2. Change all the locks.





3. Put all his s**t out on the lawn and call the police if he so much as raises his voice or comes within 300 yards of her or her property.





The fact he ';gets'; his mail there means nothing. She can notify the post office that her address is no longer his--then it's his problem. He is not a tenant because he has signed no lease and pays no rent. HE HAS ABSOLUTELY NO RIGHTS WHATEVER IN ANY STATE. She doesn't have to go through an eviction process because she isn't his landlord. When she takes out the restraining order she should inquire of the court what recourse she has against him if he doesn't move his stuff at once--she may need the police or sheriff to get him out--he is technically a squatter. Because of her age and his temper she needs to inquire as to what help she needs to move him out--to the curb is plenty far enough. He isn't a guest either--he wore out his welcome long ago.Help! I've seen this question before but answer is always different! Need to know whats true and what isn't!?
I think the police can remove him. call them.
I have had alot of experience in this situation ....my step father did the same thing to my mom.But he even beat her ..he had just moved in with us ...but get this the law says if they have lived at that residence for over 30 days and recieve mail there regardless of if they pay rent or even stay there every night that is their legal residence.But there is a solution what your mother or you can do is call the police when he isn't around make a report that he won't leave willingly and you are afraid for her safety file for a protection order it takes 48 hours and once that is in place he has to leave the premises and he has 30 days to move his belongings and he must be accompanied by an officier when he does so and he can never be within 100 yards of her or her residence or he goes to jail for 90 days.Trust me there are ways to do this I have been through it more times then I can tell you.Or she can lie to him and say she is moving or being evicted and say she has to be out in 2 weeks so he needs to find a place to go because the residence is being taken over by new managers or being sold or if she owns a home say she can't pay the morgage...she could even go as far as leaving for a week or 2 and temporarily cut off the electric and water and take all the food out and I'm sure he won't want to be there! So I hope that helps....you can get this lazy bastard out! good luck