Legal Question in Landlord & Tenant Law in California

how do i claim hardship in an unlawful detainer case. i have been at this adress for over a year,maintaining, making repairs, and caring for the elderly gentleman who lives here. He has since had a medical emergency and been in hospital ever since.

His sister owns the property and didn't charge rent. now she claims i was allowed to stay here without her knowledge., and wants me out forthwith.Meanwhile i have continued caring for his dog( including having to save his life after apparently being poisoned).

i have to go to court tomorrow, and am scheduled for surgery on my shoulder for an ovlusion fracture suffered early in the summer on friday the 23rd of oct. and it will be invasive and traumatic as arthroscopy is not an option in my case.

i have heard that i will probably be forced to move within six days of court.and have no income at this time except for 103 daollars/month that i receive from the Veterans administration. do i have any recourse?


Asked on 10/19/09, 9:19 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You should not have waited until the last minute to seek help, although it does not sound like you have much chance to pevent being moved out. What arrangements did you have with the man who was living there. Did he tell his sister, did she ever come over, did she see work had been done that he could not physically have done implying someone was helping him, any oher proof you can show? You need to get a declaration under penalty of perjury from him that he asked yuou to continue living there to take care of his dog, but since the sister owns the place and he can not live there she does have control over the property. The sheriff's office can tel you how quickly they normally can move to evict people, but frankly why should the sister let you live there without your paying any rent. I assume you are not in a rent control city.

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Answered on 10/19/09, 9:52 pm


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