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POA evicts nephew

Discussion in 'Other Residential Landlord & Tenant Issues' started by B4ic, Nov 24, 2017.

  1. B4ic

    B4ic Law Topic Starter New Member

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    Jurisdiction:
    California
    Me and my husband live at his grandfathers house for over 3 yrs. Recently his grandpa fell down, so his daughter decided to move him in with her. His daughter who is also POA gave us aweek and half to move out. She said they are selling the house. Is there legal rights me and my husband have? We just need proper time to save money and look for a place to live.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Yes.

    California law requires the landlord (or landlord's agent) to give you 60 days written notice of termination of the rental agreement.

    See Section 1946.1 of the CA Civil Code:

    Law section.

    Note the exception that allows 30 days written notice if the sale of the property is under contract and in escrow. You would be entitled to copies of the documents.
     
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  3. mightymoose

    mightymoose Moderator

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    She can ask you to leave but you don't legally have to be out when she says. If you don't leave voluntarily she will have to go through proper procedures through the courts to force you out. That could take a few months at minimum, so you have time.
    If she wants you out sooner then ask her to help with moving costs.
     
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  4. B4ic

    B4ic Law Topic Starter New Member

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    Thankyou so much for the help, what if there is no rental agreement (document) between my husband and his grandfather.?
     
  5. mightymoose

    mightymoose Moderator

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    When there is no rental agreement you follow the terms in the state statute. It does not matter if you paid rent or had a lease agreement, you have the same rights and protections as tenants.
     
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  6. adjusterjack

    adjusterjack Super Moderator

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  7. B4ic

    B4ic Law Topic Starter New Member

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    She wanted us out by today, how should i go about it when she comes here?
     
  8. mightymoose

    mightymoose Moderator

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    Politely decline. Explain your reason for staying and see if you can cone too an agreement that doesn't involve courts.

    The sooner she wants you out the more it should cost her and the less it should cost you.
     
  9. army judge

    army judge Super Moderator

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    What you wish to avoid is the filing of an eviction against you.

    Once an eviction is filed, your chance to rent decent housing for years disappears.

    If the case is adjudicated against you, you can forget renting decent housing for 40 years, maybe more.

    That would also affect public housing, too.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    Hand her a copy of the termination statute that I referred you to and tell her you won't leave until she obeys the law. Unless, of course, she wants to pay you to leave.

    Before she can file for eviction in court she has to give you the proper termination notice. Once she does that you'll have some time.

    Understand that she can still show the house to potential buyers while you are in it and open escrow within a short time if she gets lucky. So don't delude yourself into thinking that you might have months to sit around thinking about moving. Find the money, find a place, get out as fast as you can.
     
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  11. zddoodah

    zddoodah Well-Known Member

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    "POA" is an acronym for power of attorney. A POA is a document by which one person (the principal) gives another person (the agent or attorney-in-fact) authority to deal with third persons on behalf of the principal. Your sister-in-law may be her father's agent or attorney-in-fact, but she is not "POA."

    Of course you do. Did you really think there was any appreciable chance that you had no legal rights?

    Even if we assume that your sister-in-law has appropriate authority under the POA to evict you (POAs come in many shapes and sizes), a week and a half is not sufficient notice under the law. Nor is a verbal notice sufficient. Given that you've lived there longer than a year, you're entitled to 60 days' notice.

    Doesn't matter.

    How you handle yourself is not for a bunch of anonymous strangers on the internet to dictate. Obviously, you're not leaving, so the ball is in her court. If she makes enough of a stink, you can call the police/sheriff.
     
  12. B4ic

    B4ic Law Topic Starter New Member

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    Okay she hasnt been here yet, but the water has been shut off to the house. I have a feeling she and the rest of the family will be here this weekend to get us out.
     
  13. army judge

    army judge Super Moderator

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    Do yourselves a favor, just leave.

    Nothing strangers on the Internet can do for you.

    You had better be prepared to pay for your bills.

    There ain't no free lunches and free rides in this world.
     
  14. mightymoose

    mightymoose Moderator

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    If utilities are shut if to force you out you may have grounds to sue for an unlawful eviction. The penalties for this are usually pretty steep.
    If you report this to law enforcement and the utility company it may lead to services being turned back on.
    I agree that the sooner you leave the better for everyone, but if you have nowhere to go you will have to deal with this sort of thing for awhile.
     
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  15. B4ic

    B4ic Law Topic Starter New Member

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    We are not looking for anything to be free. So if you cant really help then keep your bitter advice to yourself.
     
  16. mightymoose

    mightymoose Moderator

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    FYI-
    California Civil Code 789.3- Law section

    Police won't be able to do much other than help explain the situation to the the property owner and advise of the potential civil liability. The owner is more likely to respond to police, if they are willing to assist, rather than respond to your demands. The police can't force the owner to do anything though.

    Meanwhile, you need to keep track of your damages and additional costs you incur as a result of having utilities turned off. You might also speak with an attorney about having a demand letter written on your behalf.
     
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  17. adjusterjack

    adjusterjack Super Moderator

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    That's illegal. But if the valve has been turned off you can turn it back on again with one of these:

    28 in. Steel Curb Key-53246 - The Home Depot

    Have you provided a copy of the termination statute yet? If not, what are you waiting for?
     
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  18. army judge

    army judge Super Moderator

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    This is your only warning.

    Anyone can reply to any question.

    I get to decide (as do a few others) if someone gets banned.

    Be civil.

    If you dislike the free information, you are FREE to leave.

    Know this, your eviction from this board will be much swifter than from the home in which you're squatting.
     
  19. B4ic

    B4ic Law Topic Starter New Member

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    This weekend she came along with her husband, her sister (my mother in law) and my father in law. Well nothing went good at all. Her and my mother in law got in a big argument. They through out our food and took a few things of ours from the garage.
     
  20. mightymoose

    mightymoose Moderator

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    You might talk with an attorney at this point. Legal expenses are recoverable through the court. Keep documenting of all losses, including the food.
    If they return you might call police to "keep the peace".
     
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