Legal Question in Landlord & Tenant Law in California

I,my two young children,and my common law husband reside with my Grandmother in her house. She recently rented a room to an acquaintance of mine and I discovered that she has been disciplining our children when we are not present (I occasionally need her to babysit)by striking them.My five year old son told me this.I was livid,as neither me nor my husband believe in corporal punishment.I guess I went a bit over board when confronting this woman and my Grandmother called the Sheriff's department.I was taken away on a 5150.After about 8 hours at the facility they released me,seeing no need to hold me the regular 72 hours.

When I woke up this morning my grandmother asked if she could take our children with her to L.A to visit some relatives,I said yes.Later as my husband and I prepared to leave we discovered that the exit gate had been padlocked so my husband undid the bolts.When we returned later that day,my son informed me that the woman who I had confronted had again struck my daughter while they were returning from L.A(I had no idea the woman was going with them)and again I went to confront her.That's when my Grandmother said "I'm going to call the sheriffs and they're going to put you back at that place"and proceeded to do so.Not wanting a repeat ,I left.When I returned some hours later my husband informed me that the Sheriff's department had been there and my Grandmother told them that he had broken into the property by taking the gate off and that she wanted all of us out.

The Deputy then informed my husband that he would personally evict us from the property if my Grandmother called again.He also said that it was all right for my grandmother and the woman to discipline our children any way they saw fit if they were under their care at the time.

My question(s) :Can the Sheriffs department legally evict us just on my Grandmother's word and can my children be hit by anyone in the name of discipline,can I do anything about my Grandmother using the threat of having me locked up as a means to silence me?

My husband and I are desperately seeking another place to live but the rents are so high and employment so scarce I'm afraid we're currently trapped in this nightmarish situation.Any advice you can offer will be greatly appreciated.


Asked on 3/26/12, 12:26 am

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

What the sheriff told you appears to be incorrect. A third party hitting your child is an assault and battery and should be reported as such. Since you have been allowed to live at your grandmother's house she can not claim you are trespassers. But if you are not paying any rent you are guests and she does not have to give you a three day notice. It is best if you work out some sort of agreement with the other woman that she not come into contact with your children without you or your husband being present [tell her your children are afraid of her, which is probably true] and continue looking for another place to stay. if you approach the other woman in a calm fashion the police would have no basis to remove you.

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Answered on 3/26/12, 3:24 pm


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