Watsonville, CA asked in Landlord - Tenant for California

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, but he does remember b4 he went to hospital, he's gave a eviction notice to me but him and I resolved it and was retracted days b4 he was taken to hospital, he knows that was taken care of and we were good, but his family doesntc care want us out and I'm not sure what to do, they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

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

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 You have a lot of issues, primarily is proof that the notice was retracted, since your LL won't help.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.

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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.

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