Legal Question in Landlord & Tenant Law in California
tenant
my parents moved out and bought a new house and wanted me and a friend of the family to rent it.she hasnt paid for 2 months so they evicted het and on sat they tell me i need to move into their house this week and pay the same amount rent im paying here.also my dad shows up out of no where while im taking a shower to show the house off to a family. he shows up unannounced to paint the inside of the garage and gets paint all over my belongings. i just dnt feel like im being treated fairly.
2 Answers from Attorneys
Re: tenant
You are correct, but what is your question?
Also, please list your age, because you are considered an adult on your 18th birthday.
Re: tenant
I agree with Attorney Bennett - if you are paying rent, then you are your parent's tenant, regardless of the familial relationship. As a tenant, you have certain rights, including the right to peaceful and quiet enjoyment of the property you are renting. Your parents have apparently violated that by showing up unannounced and entering the property. They also cannot simply "tell" you that you have to move, they must comply with the laws that govern notices to terminate tenancy. This all changes slightly, however, if you are under the age of 18.
That being said, I'm not sure what you want to do about this. I'm not sure if it is your intention to sue your parents, but I would strongly suggest that you attempt to resolve this matter without resorting to that - litigation isn't going to help anyone. The best thing you can do, if you are going to rent from your parents, is get a written lease from them that specifically sets forth your rights and obligations as their tenant, and similarly sets forth their rights and obligations as your landlord. Make it clear to them that you want to be treated as any other tenant, but be prepared that might include being evicted, tenancy terminated or rent increased to true fair market rent, just like any other tenant. From a practical standpoint, you need to look at what benefits you receive renting from your parents, versus renting from someone else, and weigh that against the inconveniences of what you describe.
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