Legal Question in Landlord & Tenant Law in California

I live with my mother. we recently had an altercation which resulted in her being arrested. I have not returned to the home since and she is threatening to change the locks if i don't pay her this months rent, although i will not be staying there this month. also, we rent an apartment and my name is on the lease, but i pay my share of the rent to my mother. is it legal for her to change the locks? and how can i stop it?


Asked on 11/02/10, 7:21 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

No, she can not change the locks as you are there at the landlord's sufferance and she can not prevent access to the apartment by a lawful tenant. She is not owed the rent money, the landlord is. If she claims you are like a suleasee, then she would be like the landlord in her duties to you.

You could apologize to her as to what happened and try to get her to agree to forget the incident. You can point out she had no legal right to do what she wants and it may result in the landlord kiccking bothof you out. You can try to make some arrangement where you will not see each other in the unit or not be in close contact.

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Answered on 11/07/10, 9:17 pm


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