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.


Asked on 8/12/08, 2:15 am

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

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.

Read more
Answered on 8/12/08, 1:36 pm
David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 8/12/08, 4:50 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California