Legal Question in Real Estate Law in California
My father has just broken up with his girlfriend. She has not taken it well to say the least. He bought a sandwich shop totally in his name with the understanding that she would run the day to day operations since he already had a full time job. He also bought a house during this time that is also totoally in his name. Upon breaking up asked her to move out, because come to find out she is still married to another man. She actually put up little fight and left which was a small miracle i thought. It never ocurred to me that she would or could move into the sandwich shop, but did. She changed the locks and now my dad doesn't have accss to his own business. The police came out to assist my dad, and didn't do a thing. My Dad has leased this business from another party, and it is not zoned as a living quarters. What rights does she have?
2 Answers from Attorneys
The former status of boyfriend-girlfriend has little or nothing to do with the situation. She is now a trespasser. Since the police apparently declined to provide assistance in removing her, he'll now have to get the assistatnce of a court. Further, he will be entitled to money damages for the interference with his business, assuming there are no facts showing that she is a partner in the business. Finally, I believe the landlord should be notified and asked to cooperate.
The only rights she would have are what are known as "Marvin" rights. These would be rights created by contract, either written, oral, or implied.
Based on your post, it sounds as though no contract was created giving her rights to possession, only management. I agree with Mr. Whipple's analysis, in that he will now have to get the assistance of a court to get her out, in what is known as a forcible entry and detainer action.
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