How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard Your Own Question

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45934
Experience:  Attorney with 29 years of experience.
17027240
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

My 20 year old son rents a house that I cosigned for in Chico,

Resolved Question:

My 20 year old son rents a house that I cosigned for in Chico, Ca. where he goes to college. During a party that got larger than anyone antipated (150 kids inside and outside the house), the police took a picture of all the kids outside and forwarded it to the property management company. They then sent us a letter that explained their disatisfaction (understandably so). They then stated that any future parties would result in an immediate eviction.

This concerns me because it is a long school year and college kids being college kids may have a party. I'm not condoning this, but I don't want to see a small, controlled gathering result in an eviction just because of this warning. Let alone, my son is one of 3 tennants. What if he is out of town when one of his roommates makes the mistake of having a party?

Do we have any rights here or are we sunk?

Jon
Submitted: 3 years ago.
Category: Legal
Expert:  Richard replied 3 years ago.

Good evening. As a father of two kids in college myself, I totally understand your concern. But, in this situation, the landlord is going to be within its right to call the tenants as a whole in default in the event of a default by any one or two of them. The recourse of the non-involved parties would then be against the party causing the eviction. Now, the landlord has overstated its case somewhat...they aren't allowed to simply immediately evict the kids. They would first have to issue them a default notice and a 3-Day Notice to Quit...meaning the kids would have 3 days to leave or face eviction. But if they didn't leave, before the landlord could evict them, he would have to petition the court for an eviction order. This takes at least 15 to 20 days. So, the kids would have almost a month before they could be forcibly evicted. The landlord cannot legally evict without the court order. I know all this must seem harsh, but if you look at it from the other side....consider it was your property...I think you can probably see why the landlord has some protection under the law. The kids just need to have a "come to Jesus understanding" that this kind of thing has to be contained.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

 

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 3 years ago.
Thanks for your quick response. Yes, as a home owner I can appreiciate the liability issues here. The question I still need clarity on is, who's to say what consititues a party of a severity that causes the Mgt. Company to start the eviction proceeings. It seems a little broad.
Expert:  Richard replied 3 years ago.

You're welcome. The ultimate arbiter is going to be the judge in small claims court when the landlord seeks an eviction order. At that point, each side gets to present their side of the situation and the judge will decide. That's why court ordered evictions are required..so the landlord doesn't simply get to unilaterally make that call.

Expert:  Richard replied 3 years ago.
One more thing...the college kids are going to get the benefit of the doubt in an eviction proceeding because the landlord will have known this was a college area and the tenants are college kids....so the landlord is going to be held to a different standard than if he were simply renting to non-college kids.
Richard, Attorney
Category: Legal
Satisfied Customers: 45934
Experience: Attorney with 29 years of experience.
Richard and 9 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.