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I am trying to help a woman who just lost her partner who…

Customer Question
I am trying to...

I am trying to help a woman who just lost her partner who died . they had a verbal agreement to live together and help each other for the past 15y years. Unfortunately he died a few days ago without having had a chance to put things in writing. She took care of him with his sickness for all this time. Now the family after he just passed away has come into the house and removed things that are also hers, threatened that they are now her landlord and that she must move. They shut down telephone and PG&E - notin their name nor do they have a death certificate yet. The woman is American Indian and with no other means. What are the laws to just barge into the place she lived at for the past 15 years having her belongings taken and shutting off utilities without her knowing or consent? Can people just do this and push her out of her home of 15 years?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

In California

Lawyer's Assistant: Have you talked to a lawyer yet?

No, she does not have the means. I am a citizen and business owner who is observing this and would like to know what she can do so that I can direct her to a place where she can get help.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not at this time.

Submitted: 8 months ago.Category: Family Law
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Answered in 4 minutes by:
11/17/2017
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
I understand and want general information and where the woman can go, being an American Indian, for help. How long might this take?
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 8 months ago
This better not be a scam! I already put my cc through and have not received anything. All I want is a referral where this woman can get proper help. I am trying to avoid for another person to be on the streets! I feel I should get that answer with my initial request and $5 I paid for. Are you reputable?
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

hi, bear with me a moment. I'm typing up your answer. I'm a slow typer so it'll be a minute. If you received an auto request for a phone call, you can ignore it.

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Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thank you very much for your patience. So, generally, if someone is living somewhere and they do not have a written agreement, then they are going to be considered a month to month tenant. A month to month tenant who has been living in on the property for longer than one year requires at least 60 days notice before they are evicted from the property. If the landlord dies, their interest in the property generally goes to their heirs, and they become the new landlord. The landlord cannot touch the personal items of a tenant at any time without the tenant's consent either. In this case, if they did not provide her written notice and give her at least 60 days to move, then they would be in violation of the California Civil Code. She has a couple of options if she needs. She could speak with a local tenant's rights association in her area or she can work with a local lawyer if she has the funds to hire one. In addition, she could simply stay in the place until they decide to try to sue her for unlawful detainer. That process can take months and it could buy her time before she moves.

What other questions did you have for me?

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