Q: Can my landlords family get involved in terminating lease agreement, and make decisions without his consent or wishes
Family is trying to evict my 5 yr old son & I, landlord doesn't want us to move buy he just came out of hospital & is receiving live in caregiver he is some days not remembering what happened earlier or yesterday , but he does remember b4 he went to hospital, he's gave a eviction notice to me but him and I resolved it and was retracted days b4 he was taken to hospital, he knows that was taken care of and we were good, but his family doesntc care want us out and I'm not sure what to do, they are keeping me from talking with him, they are saying the date. To move is from his original notice that was immediately resolved by him n I, his daughter is trying to step in as power of attorney to make this eviction happen on his behalf, but he didn't want us moving we have lived here for 3 yrs
A:
Sorry to hear you have these problems. You have a lot of issues, primarily is proof that the notice was retracted, since your LL won't help. If family has an actual Power of Attorney for everything or for financial affairs, they can act for the LL, but if it is just a medical power of attorney, they cannot exercise a general power of attorney. You are entitled to a 60 day notice and you are entitled to the equivalent of 30 day's rent as moving assistance under current California L-T law. You should consult with a Tenant's rights attorney in your local area to see if you qualify for any additional protections such as under the COVID rules.
Justia disclaimers below, incorporated herein.
IMO the writing is on the wall, you are going to be moving, sooner or later, it is better to plan for sooner. You don't want an eviction on your rental history, it would make things very difficult to get new housing.
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.
