Legal Question in Landlord & Tenant Law in California

(Is area of law both Landlord & Tenants and/or Probate, Trusts, Wills & Estates?)

For 6 years until my father's death, I provided him with 24/7 invalid care in exchange for my family's room & board. My dad reverse mortgaged his home 10 years ago due to financial problems; consequently, the bank foreclosed and the house was recently sold, leaving my family homeless. My husband ("MH") and I are currently sleeping in a car that is parked in our friend's driveway (In L.A. County).

My husband�s mother ("MHM") died 4 months ago. MHM left all 5 of her children the 1 bdrm home she owned in S.B. County (I.E.). MH is not sure if MHM had a trust or a will, but he knows the oldest sister ("OS"), is in charge of the estate. OS said the home in S.B. Co. is being rented to a single person for a small amount of rent that basically covers the property tax (so, in other words: MH should not bother asking for his share).

MH asked OS if we could rent the home in S.B. Co. (he's family, after all, not to mention 20% owner). MH gets a small retirement pension from CalPERS, so paying the rent shouldn't be a problem, if the rent really is, in fact, only enough to cover the property taxes. Unfortunately, OS said, "we can't evict her, because she's a good renter."

QUESTION(S):

+I thought California has an owner/family move in eviction law that allows a tenant to be evicted so the owner or owner's family member can move in. Is this true?

+If yes to the above question, do we have to evict the current renter or can we just write a polite letter requesting that she vacate the premises by a certain date so the owner's family can move in?

+If a letter can be used, can you reference the appropriate California code or regulation number concerning owner/family move in evictions. I'd like to include it in the letter to add a little weight of the law and make it sound more professional or even official, yet at the same time, nice.

We can't afford to hire an attorney; in fact, we are very low income. I already checked the Legal Aid Foundation (LAFLA) website, but apparently, the LAFLA doesn�t handle this type of case. If you know of an attorney specializing in this area of law, that doesn�t charge much more than free-ninety-free, please give me their contact details. Your advice and answers will be greatly appreciated. Thank you for your time and consideration.


Asked on 7/19/14, 6:24 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

California has no such law. If a tenant is in a fixed term lease, then that tenant has the right to occupy the property. Any new owner takes subject to the existing lease. Evictions are still subject to any rent control ordinances, and state laws governing the amount of notice to terminate the tenancy.

I think your husband's concern should be how title is held to the property, and finding out whether or not there is a trust. This should be done this week.

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Answered on 7/22/14, 5:55 am


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