San Bernardino, CA asked in Landlord - Tenant for California

Q: My father, who is 82 years old and in declining mental health, has someone living in an RV in his driveway.

My father owns his home and he lives in McKinleyville, CA (Humboldt County). When he first told me about this, he said his neighbor asked if an employee of his could park the vehicle there, as he wasn't allowed to park it on the street. My dad agreed, and then I later found out a guy is living there. Now this guy is hooked up to Dad's utilities and pays my dad $200 a month rent. There is no written agreement. I told him this was a bad idea from the start, but he persisted anyway. As it turns out, the RV guy's "girlfriend" befriended Dad and started cleaning his house for money. He even gave her a "loan." Now I've found out she stole money from him and forged two checks from his bank account, total amount of $1500, made out to the RV guy and his mother (or so the story goes). How can my dad get this criminal off his property? Even though there's no written agreement, is there a landlord/tenant relationship? And is it even legal to live in an RV in someone else's driveway?

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1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
Answered
  • Del Mar, CA
  • Licensed in California

A: Re the check: Dispute the withdrawal with the bank - not his signature. Re the loan: Demand repayment. If no action in five days, file a suit in small claims court. Re the RV: Give the guy a 30-day notice of termination dated 30 days after personal service. If he does not pay the rent for any period during his occupancy, give him a 3-day notice to pay rent or quit. If he pays, than you fall back on the 30-day notice to quit. No reason necessary. Since the RV is on private property with the consent of the property owner, there is no crime.

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