Legal Question in Real Estate Law in California
my son is evicting me from rental
My son sent me an eviction notice by email on Oct 25th, to vacate by Nov. 25th. My rent is due on the fifth. I paid it on the fourth by depositing into one of his accounts as usual. I paid 1,000 , five more than was due. He is evicting me because one of the workman complained, (he is renovating the big house) and because we are not getting along. My son lives in Florida. We have no lease. Can he have men come in on the 25th and remove my things and change the locks? How can I prevent that from happening.. without an attorney?
2 Answers from Attorneys
Re: my son is evicting me from rental
Your son cannot legally have someone come and move your possessions or change the lock. However, that may not stop him from attempting to do it illegally.
What you can do (without an attorney), is either stay at home or have someone else stay at your residence, and immediately call the police if your son or anyone acting on his behalf attempts to illegally take possession. The police should stop them and/or instruct them on the process to be taken if the landlord wants to evict you.
Re: my son is evicting me from rental
The 30-day notice must expire at the end of your rental period, which would be on the 5th of the following month, since you already paid until December 5th.
Also, if he follows the usual legal procedures, if you don't move, he would have to go to court and file an unlawful detainer complaint against you. Then you will have the opportunity to answer and defend yourself. The process takes several weeks. I concur with my colleague, however, that you must remain vigilant. Sounds like there's some family friction. Perhaps you can have a trusted friend or clergy member intervene and mediate the dispute.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
