Legal Question in Real Estate Law in California

landowner relative

is it true that if my parent owns property, and I have no where to go they can move out other tenants and let me live in it?


Asked on 9/14/08, 8:03 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: landowner relative

This or something similar MIGHT be a feature of a local rent-control ordinance in a particular city which restricts a landlord's right to take rental property off the market. You would have to inquire locally. Otherwise, there is no state-wide law of this kind. In general, a landlord can take property out of the rental market and use it for family purposes whenever it becomes vacant due to expiration of a lease or termination of a month-to-month rental agreement.

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Answered on 9/15/08, 11:29 am
David Gibbs The Gibbs Law Firm, APC

Re: landowner relative

It depends. No special laws modify their relationship with their tenant just because you need a place to live. They can give the tenant proper notice if they have a month-to-month lease with him and terminate his tenancy. They have to follow the same rules as every other landlord in terms of terminating their tenant's tenancy. If he has a lease with a term left on it, they cannot terminate his lease prior to the end of that term.

*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.

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Answered on 9/15/08, 1:06 pm


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