Legal Question in Real Estate Law in California
86 year old WW2 Veteran kicked to the curb
My Mother inlaw started a job for the @*$&#$ unified school district 28 years ago.Not as a payed emplyee per say but to work as a live in security.The school district started a program called ''vandal watch'' where a couple would put a moble home on the designated area of the school grounds and live as a permanant resident.My mother inlaw has lived on this piece of property for over 26 years it has a 7 ft. chainlink fence around the section that was givento her.In lew of her job duties,checking the school at night and on the weekends, she was given free utilities and water.Now a new administration has come to power in the school board and decided that since for 27 years that my mother inlaw has lived for free that it's time she pays. They now charge her $150.00 a month to live on the property plus she still has to do her job.Well if that was not enough they have now decide that they need a new multipurpose room and have decided that out of the 8 or so acres of school grounds the best place would be where my mother inlaws house sits so they have told her that at any moment she will be asked to leave and that since her double wide moble home that she purchased is so old ,it will be destroyed.what can i do ,please help !
2 Answers from Attorneys
Re: 86 year old WW2 Veteran kicked to the curb
Immediately, yesterday, get yourself an attorney who is specialized in real estate law. If that person is also dealt with school districts in the past it would greatly help. The report between your mother-in-law and the school district is clear has ended. She is a political problem for them and they are handling her in a manner not befitting the original agreement. If that agreement was in writing it would very much be to her advantage to produce that agreement to the attorney. Give the attorney all of the facts and then let him give you the alternatives. It really is based upon what the original agreement was between the parties and if the agreement was oral weather that agreement is still enforceable or is to be considered a policy which is changeable by the school board.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Re: 86 year old WW2 Veteran kicked to the curb
This will be a difficult case to win based on the law. Your attorney's best approach may be a play upon the conscience and sympathy of the district and community, rather than a legal theory.
Theories that might be available in a private situation such as easement by estoppel may not fly against a governmental entity such as a school district.
If I were the school board's lawyer I would feel comfortable that my client had the right to terminate this tenancy (through a notice-and-unlawful-detainer process) but I would be very uncomfortable about public reaction.
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