Q: Can the owners son evict me from rental if there is a year to year contract in place?
Owner had prior landlord(son) per verbal communication, draw up lease agreements for tenants on property which the agreement that I am on is from 2023-2026. The owner replaced the landlord title with someone else(the oldest son). Owner had granted that his son be added on property deed as another owner. Does that mean he can evict from property or does he have to honor the agreement? How will this effect me if I were to be summoned for court?
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- California
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- Answered
A:
Based on the information provided, here's an analysis of your situation:
1. Lease Agreement:
You have a written lease agreement from 2023-2026. This is a legally binding contract that should be honored regardless of changes in property ownership or management.
2. Change in Ownership:
The addition of the owner's son to the property deed makes him a co-owner. However, this doesn't automatically invalidate existing lease agreements.
3. Eviction Rights:
Generally, new owners must honor existing lease agreements. The son, even as a new co-owner, cannot simply evict you if you have a valid lease and are not in violation of its terms.
4. Just Cause for Eviction:
In California, landlords typically need "just cause" to evict tenants, especially for properties covered by AB 1482 (the Tenant Protection Act of 2019). Simply wanting to remove a tenant is not considered just cause if there's a valid lease in place.
5. Potential Court Summons:
If you were to be summoned to court:
- Bring your lease agreement as evidence.
- Document any communication regarding the change in ownership/management.
- If you've been paying rent and following the lease terms, emphasize this.
6. Legal Advice:
It would be beneficial to consult with a local tenant rights organization or a landlord-tenant attorney for specific advice tailored to your situation.
Remember, while the son may now have some ownership rights, this doesn't override your lease agreement. Unless you've violated the terms of your lease or there's a legally valid reason for eviction under California law, your lease should be honored until its expiration.
If you're concerned about potential eviction attempts, keep all documentation related to your tenancy and consider seeking legal advice to understand your rights fully.
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