Legal Question in Landlord & Tenant Law in California
Live-in Caregiver Faces Unexpected Displacement
My friend was a caregiver for a handicapped elderly gentleman for 6 years, tending to his personal care and to his business affairs. She lived-in and receiving a small stipend as well. They lived in an upstairs apartment. When the gentleman suffered a stroke and was hospitalized, my friend continued to live-in his apartment, tending his business affairs and making arrangements with the apt. manager for him to move into an accessible apartment upon his return. She was not on the apartment lease, but her arrangement with the gentleman was understood by the on site apt. manager.
Suddenly, and without notice, estranged family members of the gentleman appeared at the place where he was convalescing, moved him to another location, and gave notice of this to the apt. managers company (onsite manager quit just prior to this happening). My friend did not have any idea of this until the managers served her with a 3 day notice to pay or quit(less than 1 month behind) and notices to enter per CC 1950.5.
My question: Is there any CA codes, caselaw or etc. citings on relief from forfeiture in her situation (hardship)?
Can you suggest an solution that she can offer in order to get time she needs to move or renegotiate the lease?
1 Answer from Attorneys
Re: Live-in Caregiver Faces Unexpected Displacement
Since she is not on the lease, she would not be entitled to relief from forfieture. That principal is usually reserved for commercial tenancies anyway. In LA county, there is realy nothing your friend can do except enter into a new lease with the mgmt company if they accept her, or start paying rent for the apartment, if the company obliges. It's unfortunate, but there is very little recourse for her.
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