Q: We were leased a house in Vacaville that the guy didn't own. it's a foreclosure, police say we have 3 days to be out.
We have 2 small children and all our money is in this house - do we have any legal recourse to get more time to find a place to go? we have a lease and payment receipts but the lease is fake because the person taking our money never owned the house. The police said they can arrest us and take our kids to CPS.
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
The civil unlawful detainer (UD) action requires the property owner to give you a 3-day notice to pay rent or quit. If you do not leave within the 3 day period, the property owner can file a UD complaint, serve you, and prosecute the action to judgment. (You should consult a criminal defense attorney about the threats of criminal charges, as there are articles written concerning squatters taking possession of empty properties and preparing fake leases to legitimize their occupancy.) If you can find the person who took your money and gave you a fake lease, you certainly would have recourse against that person. Be sure to consult your own attorney to protect your legal rights.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
