Legal Question in Civil Litigation in California

Eviction of Renter / Sole Heir by Mom

We've rented a home from in-laws for 18+ years thinking rent-to-own (verbal agreement). Father-in-law can not talk after a major stroke 8yrs ago & in nursing home since. Before that, Sister-in-law tells my husband in confidence she's executor of dad's will and my husband is sole heir to house we are renting. Dad is old school & wanted his only son to have the house as his birthright. A little over a year ago, his other sisters (he has 4) heard of the will & apparently don't feel it's fair to them, so now they talked mom into selling the house before dad and her die - sister's friend is buying it with cash, sight unseen which we think is odd, plus this sister is pushing us to move out - so we are now facing eviction. This same sister had husband sign agreement to move for $10k from mom. He signed but mom didn't. Sis had it notorized. I did't know about the agreement & refused to move. Husband was served unlawful detainer, judge gave 9 days to leave. No relocation money. I was named not on unlawful detainer and did not sign agreement to move, because we had an agreement to rent-to-own and paid over 75% of the price they asked for back in 1988. What should we do? Please email if you need more details.


Asked on 8/01/04, 8:30 am

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Eviction of Renter / Sole Heir by Mom

First, if your father -in-law is still alive, your husband is not assured that he is the "sole heir" of the house, as your father-in-law can make umpteen NEW wills, and only the last will prior to death is of any value--and then only if he is deceased. Further, your mother-in-law probably has, at a bare minimum, a right to one-half the preorpty as community property, and your father-in-law could not "will" that away anyhow. Secondly, the law requires that agreements respecting an interest in real property must be in writing to be enforceable. Further, no relocation benefits are due a renter when evicted, unless there is some contract to that effect, or special circumstances such as condemnation. The fact that you were not named in the unlawful detainer is no protection, as they may have named "all unknown occupants" as additional defendants. With respect to paying 75% of what your in-laws were asking for the property when you moved in, if you are referring to the total amount of rent you have paid over the years, you were paying for the right to live there, as would any tenant--that does not give you an interest in the ownership. You are not in a good positon to fight the eviction.

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Answered on 8/02/04, 2:34 pm


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