Q: My sister and I live together, she stopped paying rent 5 months ago. What can I do legally?
The condo is in my deceased mother's name and my sister has her boyfriend living here also that does nothing but yell and scream and threaten everyone in the house creating a hostile living environment. I'm scared to leave my room.
A:
Azusa, CA:
So, first things first. If your housemates are creating a hostile living environment, then you should report the incidents to the police and seek a restraining order. This goes double if you are in fear for your safety.
The next issue is that you state that the condo is in your deceased mother's name, but you do not state whether or not there is a probate of her estate or if a trust is handling the property.
This is important as no one has any ability to make decisions about your mother's property unless they are the administrator of her estate or the trustee and the property is in the trust. This includes the ability to terminate a tenancy or start an eviction proceeding.
I strongly advise you to seek advise from an attorney about how to proceed. If you do not know where to find an attorney, I would start with your local county bar association. Most California county bar associations provide referrals to lawyers who will provide an initial consultation for no or a nominal fee.
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.
