Legal Question in Real Estate Law in California

Can a co-signer evict me?

I am a 25 year old female with a 4 month old daughter who has hit rough times. My parents offered to help me by putting me into an apartment, getting me a car, and providing child care for me until I can get on my feet. We found an apartment that we all agreed on. Because of my credit, they co-signed as ''tenants'', but on the lease, it clearly states that only my daughter and I are to live there. Two days ago, my parents and I had a disagreement, so they went to my apartment while I was not home, changed the locks, and moved my things out. Is this legal? This happened over the weekend, so I have not been able to get in touch with the property manager to inform them. I was under the impression I was to be given 30 days. I have only been there for 20 days, so rent is up todate, in fact, not due again for a week or so. They have simply kicked me out because they're mad at me. Can they do this? They are tenants, not landlords. Please advise. Thanks.


Asked on 4/28/02, 6:00 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Can a co-signer evict me?

You may have a lawsuit against your parents for wrongful eviction. You may have to pay May rent. What does your landlord say?

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Answered on 4/29/02, 6:54 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Can a co-signer evict me?

No, they cannot. You can sue your parents for damages, and the landlord, too, if they do not allow you back in. Your parents may have also violated the lease agreement by changing the locks.

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Answered on 4/29/02, 10:45 am


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